Stop Foreign Payoffs Act

#7526 | HR Congress #116

Subjects:

Last Action: Referred to the Committee on Oversight and Reform, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (7/9/2020)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary



The "Stop Foreign Payoffs Act" is a proposed bill that would amend the Ethics in Government Act of 1978. It would require high-ranking government officials and their family members to divest from any foreign financial interests they may hold. This means they would have to sell or put into a blind trust any stocks, bonds, or other investments they have in foreign businesses. The bill also prohibits these officials from receiving any payments from foreign businesses. The Attorney General would have the power to bring a civil action against individuals who knowingly or negligently violate these provisions, and penalties could include fines. The bill defines "covered individuals" as the President, Members of Congress, cabinet-level officials, and their family members. The Director of the Office of Government Ethics and the House and Senate Ethics Committees would be responsible for creating regulations to implement these requirements for the executive and legislative branches, respectively.

Possible Impacts



1. The "Stop Foreign Payoffs Act" could affect senior government officials and their families by requiring them to divest from any foreign financial interests they may have. This could potentially limit their financial investments and sources of income, and may require them to sell off assets or place them in a blind trust.
2. The Act could also affect foreign businesses by prohibiting covered individuals from receiving any payments from them. This could potentially impact business relationships and partnerships between foreign businesses and government officials.
3. The Act could also have an impact on the political landscape, as it limits the financial interests of high-ranking government officials and aims to prevent any potential conflicts of interest. This could potentially lead to a more transparent and ethical government.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7526 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7526

    To amend the Ethics in Government Act of 1978 to require senior 
    Government officials and their family members to divest foreign 
              financial interests, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

  Mr. Golden introduced the following bill; which was referred to the 
Committee on Oversight and Reform, and in addition to the Committee on 
House Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Ethics in Government Act of 1978 to require senior 
    Government officials and their family members to divest foreign 
              financial interests, 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 ``Stop Foreign Payoffs Act''.

SEC. 2. DIVESTITURE OF FOREIGN FINANCIAL INTERESTS.

    (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by adding after title V the following:

         ``TITLE VI--LIMITATION ON FOREIGN FINANCIAL INTERESTS

``Sec. 601. Limitation on foreign financial interests
    ``(a) Divestiture.--
            ``(1) In general.--A covered individual may not hold any 
        foreign financial interest, and shall divest of any such 
        interest by--
                    ``(A) converting each such interest to cash or 
                other investment; or
                    ``(B) placing each such interest in a qualified 
                blind trust as defined in section 102(f)(3) or a 
                diversified trust under section 102(f)(4)(B).
            ``(2) Application.--
                    ``(A) Not later than 30 days after the date 
                regulations are promulgated to carry out this section, 
                a covered individual holding any foreign financial 
                interest on such date shall divest of such interest 
                pursuant to paragraph (1).
                    ``(B) Within 30 days that an individual assumes an 
                office described under subparagraph (A), (B), or (C) of 
                subsection (d)(1), such individual, and any applicable 
                individual described under subparagraph (D) of such 
                subsection, shall divest of such interest pursuant to 
                paragraph (1).
    ``(b) Prohibition on Receiving Foreign Payments.--A covered 
individual may not receive any wage, salary, dividend, or any other 
payment from any foreign business.
    ``(c) Enforcement.--
            ``(1) In general.--The Attorney General may bring a civil 
        action in any appropriate United States district court against 
        any individual who knowingly and willfully violates the 
        provisions of this section. The court in which such action is 
        brought may assess against such individual a civil penalty in 
        any amount not to exceed twice the value of any foreign 
        financial interest held, or any unlawfully foreign payment 
        received, in violation of this section.
            ``(2) Negligent violations.--The Attorney General may bring 
        a civil action in any appropriate United States district court 
        against any individual who negligently violates the provisions 
        of this section. The court in which such action is brought may 
        assess against such individual a civil penalty in any amount 
        not to exceed the value of any foreign financial interest held, 
        or any unlawfully foreign payment received, in violation of 
        this section.
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `covered individual' means--
                    ``(A) the President;
                    ``(B) a Member of Congress (as that term is defined 
                in section 2106 of title 5, United States Code);
                    ``(C) any cabinet-level position within the 
                executive branch of Government, including the head of 
                any executive department (as that term is defined in 
                section 101 of title 5, United States Code); and
                    ``(D) the spouse, son, daughter, son-in-law, or 
                daughter-in-law of any individual described in 
                subparagraph (A), (B), or (C);
            ``(2) the term `foreign business' means a partnership, 
        association, corporation, organization, or other combination of 
        persons organized under the laws of or having its principal 
        place of business in a foreign country; and
            ``(3) the term `foreign financial interest' means any 
        financial interest in a foreign business, including a stock, 
        ownership interest, bond, or debt.''.
    (b) Regulations.--Not later than 120 days after the date of 
enactment of this Act--
            (1) with respect to covered individuals (as that term is 
        described in subsection (d)(1) of section 601 of the Ethics in 
        Government Act of 1978, as added in subsection (a)) in the 
        executive branch (including the Vice President), the Director 
        of the Office of Government Ethics shall promulgate regulations 
        to carry out such section 601; and
            (2) with respect to covered individuals in the legislative 
        branch, the Committee on Ethics of the House of Representatives 
        and the Select Committee on Ethics of the Senate shall 
        promulgate regulations to carry out such section 601.
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