[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 329 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 329
To amend title 18, United States Code, to provide a criminal penalty
for certain Federal officers and employees using their public office
for private gain, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2019
Mr. Ted Lieu of California introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide a criminal penalty
for certain Federal officers and employees using their public office
for private gain, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accountability for Government
Officials Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) During his time as Administrator of the Environmental
Protection Agency, Scott Pruitt faced more than 12 separate
ethics investigations including by the Environmental Protection
Agency Inspector General, the Committee on Oversight and
Government Reform of the House of Representatives, the
Executive Office of the President, the Government
Accountability Office, and the U.S. Office of Special Counsel.
(2) On October 2, 2017, the Department of the Interior's
Inspector General confirmed they were investigating Secretary
Ryan Zinke's taxpayer-funded flights, including $12,375 on a
chartered flight from Las Vegas to Montana where he spoke to a
hockey team that is owned by one of Secretary Zinke's largest
political donors.
(3) On March 14, 2018, CNN reported that Secretary of
Housing and Urban Development Ben Carson knew about a dining
set worth $31,000 that was ordered for Carson's office,
knowledge of which he had previously denied.
(4) On March 20, 2018, it was publicly reported that Scott
Pruitt secured a sub-market lease for a Washington, DC,
condominium owned by the wife of a lobbyist who represented
clients with matters pending before the Environmental
Protection Agency, and told the Washington Examiner that he was
``dumbfounded that that's controversial''.
(5) On April 4, 2018, the New York Times reported that
Scott Pruitt used a loophole in the Safe Water Drinking Act to
give raises to his aides that had been explicitly denied by the
White House.
(6) On April 16, 2018, the Washington Post reported that
Scott Pruitt had spent nearly $3,000,000 of taxpayer funds on
security and travel since taking office in February 2017.
(7) On April 26, 2018, Politico reported that Scott Pruitt
spent over $105,000 of taxpayer funds on first-class flights,
citing since-debunked threats to his personal security.
(8) On June 5, 2018, the Washington Post reported that
Scott Pruitt used official channels to pressure Chick-fil-A
Chief Executive Officer Dan Cathy into securing a restaurant
franchise for his wife.
(9) On June 6, 2018, the Washington Post reported that
Scott Pruitt forced aides to help him secure a used ``Trump
Home Luxury Plush Euro Pillow Top''.
(10) On June 8, 2018, the Washington Post reported that
Scott Pruitt forced his security detail to help him acquire
high-end hand lotion and to pick up his dry cleaning.
(11) On July 2, 2018, the Washington Post reported that
Scott Pruitt recruited a staff member to help his wife find a
job, the salary for which he stipulated should be no less than
$200,000.
(12) On July 5, 2018, Scott Pruitt resigned amid myriad
scandals and massive public pressure.
(13) On July 13, 2018, Forbes reported on Wilbur Ross'
massive conflicts of interest, including having taken meetings
with a trade association whose members included a car
manufacturer whose investors included Ross himself. The same
report noted that Wilbur Ross took meetings with companies
whose investors included his wife.
(14) On July 13, 2018, The New York Times reported that Tom
Price repeatedly violated government travel rules, wasting at
least $314,000 of taxpayer funds by using chartered jets and
military air travel instead of commercially available flights.
SEC. 3. USE OF PUBLIC OFFICE FOR PRIVATE GAIN.
(a) In General.--Chapter 93 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1925. Use of public office for private gain
``(a) Use for Private Gain.--Whoever, being a covered Federal
officer or employee, uses his public office for--
``(1) his own private gain;
``(2) the endorsement of any product, service or
enterprise; or
``(3) the private gain of a friend, relative, or a person
with whom the covered Federal officer or employee is affiliated
in a nongovernmental capacity, including a nonprofit
organization of which the covered Federal officer or employee
is an officer or member, and a person with whom the employee
has or seeks employment or business relations,
shall be fined under this title, imprisoned not more than one year, or
in the case of a willful violation, not more than 5 years, or both.
``(b) Coercion.--Whoever, being a covered Federal officer or
employee, uses or permits the use of his Government position or title
or any authority associated with his public office in a manner that is
intended to coerce or induce another person, including a subordinate,
to provide any benefit, financial or otherwise, to himself or to a
friend, relative, or person with whom the covered Federal officer or
employee is affiliated in a nongovernmental capacity, shall be fined
under this title, imprisoned not more than one year, or in the case of
a willful violation, not more than 5 years, or both.
``(c) Covered Federal Officer or Employee.--For purposes of this
section, the term `covered Federal officer or employee' means any of
the following officers or employees of the Federal Government:
``(1) Assistant to the President for National Security
Affairs.
``(2) Assistant to the President and Chief of Staff.
``(3) Assistant to the President and Deputy Chief of Staff.
``(4) Assistant to the President and Deputy Chief of Staff
for Communications (or Director of Communications).
``(5) Assistant to the President and Press Secretary.
``(6) Senior Advisor to the President.
``(7) Assistant to the President and Staff Secretary.
``(8) Assistant to the President for Homeland Security and
Counterterrorism.
``(9) Assistant to the President and Counselor to the
President.
``(10) Director of the National Economic Council.
``(11) Director of the Domestic Policy Council.
``(12) Assistant to the President and Chief of Staff or
Deputy Chief of Staff to the Vice President.
``(13) Special Assistant to the President and Director of
Communications for the Vice President.
``(14) Press Secretary to the Vice President.
``(15) Senior Advisor to the Vice President.
``(16) Deputy Assistant to the President and National
Security Advisor or Deputy National Security Advisor to the
Vice President.
``(17) Deputy Assistant to the President and Counselor to
the Vice President.
``(18) Assistant to the President and White House Counsel.
``(19) Director of the Office of Management and Budget.
``(20) Any officer or employee whose appointment is made by
the President by and with the advice and consent of the
Senate.''.
(b) Clerical Amendment.--The table of sections for chapter 93 of
title 18, United States Code, is amended by inserting after the item
related to section 1924 the following:
``1925. Use of public office for private gain.''.
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