JARED Act

This Act may be cited as the “Justice and Accountability for Representatives Engaged in Diplomacy Act” or the “JARED Act”.

(a) Requirement.— Each covered individual—

(1) shall, prior to engaging in any of the activities described in subsection (d)(1)(B), have a security clearance for accessing classified information needed to carry out such activities that is granted after an appropriate background investigation;

(2) shall file annually with the Office of Government Ethics financial disclosure forms under section 13103(d) of title 5, United States Code, in such manner and to such extent as if such individual were required to file under such subsection; and

(3) may not, at any time, engage in negotiations with or accept any agreement on behalf of the United States that is in the direct financial interest of a covered person from a foreign government or agent of a foreign government with whom such individual engaged in any of the activities described in subsection (d)(1)(B).

(b) Reports.— The Office of Government Ethics shall, on a quarterly basis, submit to Congress and concurrently make available to the public a report that includes with respect to the 90-day period ending on the date of the submission of the report—

(1) each financial disclosure form filed by covered individuals pursuant to this Act; and

(2) each violation of and the corresponding penalty assessed under this Act.

(c) Violations and penalties.— An individual who violates the requirements of this Act shall be subject to the following:

(1) Removal and prohibited activities.— Upon a determination by the Office of Government Ethics of a violation under this Act, the individual shall be prohibited from—

(A) serving in the role in which the individual meets the definition of a covered individual or performing the activities associated with such role; and

(B) being granted a security clearance for access to classified information.

(2) Referral.— The Director of the Office of Government Ethics shall refer an individual in violation of paragraphs (1) or (2) of subsection (a) to the Attorney General, who may bring a civil action in any appropriate United States district court against any such individual.

(3) Penalties.—

(A) Failure to file.— The penalty for failure to file a report under this Act shall be treated in the same manner and to the same extent as if section 13106 of title 5, United States Code, applied.

(B) Prohibited negotiations or agreements.— A covered individual who knowingly violates subsection (a)(3) shall be imprisoned for not more than one year or fined under title 18, United States Code, or both.

(d) Definitions.— In this Act:

(1) Covered individual.— The term covered individual means—

(A) any individual who, without entering into a formal contractual or employment relationship with the Federal Government—

(i) acts or purports to act as an agent, representative, employee, or servant, or in any other capacity at the order, request, or under the direction or control of the Federal Government;

(ii) engages in activities that are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by the Federal Government; and

(iii) directly or through any other person—

(I) engages with a foreign government or agent of a foreign government in political activities for or in the interest or purported interest of the Federal Government;

(II) outside of the United States solicits, collects, disburses, or dispenses contributions, loans, money, or other things of value for or in the interest or purported interest of the Federal Government; or

(III) outside of the United States represents the interests or purported interests of such United States before any department or official of a foreign government; and

(B) any person who agrees, consents, assumes or purports to act as, or who is or holds himself out to be, whether or not pursuant to contractual relationship, an agent of the Federal Government in the manner described in subparagraph (A).

(2) Covered person.— The term covered person means any of the following:

(A) A covered individual.

(B) A spouse.

(C) A close relative.

(D) A family member.

(E) An agent of the individual.

(F) A general partner of an entity owned in part or in whole by a covered individual.

(G) Any organization in which such covered individual is serving as officer, director, trustee, general partner or employee.

(H) Any person or organization with whom such covered individual is negotiating or has any arrangement concerning prospective employment.

(3) Close relative.— The term close relative means, in relation to the covered individual or the spouse of the covered individual, any of the following:

(A) A parent.

(B) A child.

(C) A sibling.

(4) Political activities.— The term political activities has the meaning given such term in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611).