For the People Act of 2021 (H.R. 1; 117th Congress)/Division C/Title VII/Subtitle D
SEC. 7301. RECUSAL OF APPOINTEES.
editSection 208 of title 18, United States Code, is amended by adding at the end the following:
- “(e) (1) Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is—
- “(A) the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or
- “(B) the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest.
- “(2) (A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter.
- “(B) (i) In this subparagraph, the term ‘Commission’ means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member.
- “(ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may—
- “(I) consider the matter without regard to the quorum requirement under such statute;
- “(II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or
- “(III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter.
- “(ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may—
- “(B) (i) In this subparagraph, the term ‘Commission’ means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member.
- “(3) Any officer or employee who violates paragraph (1) shall be subject to the penalties set forth in section 216.
- “(4) For purposes of this section, the term ‘particular matter’ shall have the meaning given the term in section 207(i).”.