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S. 2838IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2645 · S. 2838

Enforcement

Division B — Restoring Checks and Balances, Accountability, and Transparency › Title XXVI — Strengthening Hatch Act Enforcement and Penalties › Subtitle B — Strengthening Ethics Enforcement and Penalties for Federal Executive Employees

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(a) In general The contractual, fiduciary, and ethical commitments in the pledge provided for herein are solely enforceable by the United States pursuant to this section by any legally available means, including— (1) debarment proceedings within any affected Executive agency; or (2) judicial civil proceedings for declaratory, injunctive, or monetary relief. (b) Bar on lobbying (1) In general Any former appointee who is determined, after notice and hearing, by the duly designated authority within any Executive agency, to have violated the pledge signed by the appointee may be barred from lobbying any officer or employee of the Executive agency to which the appointee was appointed for not more than 5 years in addition to any other restriction on lobbying under the pledge signed by the appointee. (2) Procedures The head of each Executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, which shall include providing for fact-finding and investigation of possible violations of this subtitle and for referrals to the Attorney General for consideration pursuant to subsection (c). (c) Authority of the Attorney General (1) In general The Attorney General may— (A) upon receiving information regarding the possible breach of any commitment in a signed pledge by an appointee, request any appropriate Federal investigative authority to conduct an investigation of the alleged breach, as may be appropriate; and (B) upon determining that there is a reasonable basis to believe that a breach of a commitment in a signed pledge by an appointee has occurred, will occur, or will continue to occur if not enjoined, commence a civil action against the former employee in any district court of the United States with jurisdiction to consider the matter. (2) Civil relief In any civil action commenced under paragraph (1)(B), the Attorney General may request any and all relief authorized by Federal law, including— (A) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former appointee in breach of the commitments in the pledge the former appointee signed; and (B) establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of the pledge the former appointee signed.

Sec. 2645: Enforcement · Public Law Tracker