To amend the Ethics in Government Act of 1978 to require Federal political appointees to sign a binding ethics pledge, and for other purposes.

I 117TH CONGRESS 1ST SESSION H. R. 752 To amend the Ethics in Government Act of 1978 to require Federal political appointees to sign a binding ethics pledge, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Mr. GALLAGHER introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To amend the Ethics in Government Act of 1978 to require Federal political appointees to sign a binding ethics pledge, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. ETHICS PLEDGE REQUIREMENT FOR SENIOR 3 EXECUTIVE BRANCH EMPLOYEES. 4 The Ethics in Government Act of 1978 (5 U.S.C. 5 App. 101 et seq.) is amended by inserting after title I the 6 following new title: 7 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 752 IH ‘‘TITLE II—ETHICS PLEDGE 1 ‘‘SEC. 201. DEFINITIONS. 2 ‘‘For the purposes of this title, the following defini- 3 tions apply: 4 ‘‘(1) The term ‘executive agency’ has the mean- 5 ing given that term in section 105 of title 5, United 6 States Code, and includes the Executive Office of 7 the President, the United States Postal Service, and 8 Postal Regulatory Commission, but does not include 9 the Government Accountability Office. 10 ‘‘(2) The term ‘appointee’ means any full-time, 11 noncareer Presidential or Vice-Presidential ap- 12 pointee, noncareer appointee in the Senior Executive 13 Service (or other SES-type system), or appointee to 14 a position that has been excepted from the competi- 15 tive service by reason of being of a confidential or 16 policymaking character (Schedule C and other posi- 17 tions excepted under comparable criteria) in an exec- 18 utive agency, but does not include any individual ap- 19 pointed as a member of the Senior Foreign Service 20 or solely as a uniformed service commissioned offi- 21 cer. 22 ‘‘(3) The term ‘gift’— 23 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 752 IH ‘‘(A) has the meaning given that term in 1 section 2635.203(b) of title 5, Code of Federal 2 Regulations; 3 ‘‘(B) includes gifts that are solicited or ac- 4 cepted indirectly as defined at section 5 2635.203(f) of such title; and 6 ‘‘(C) does not include those items excluded 7 by sections 2635.204(b), (c), (e)(1)–(3) and 8 (j)–(l) of such title. 9 ‘‘(4) The term ‘covered executive branch offi- 10 cial’ and ‘lobbyist’ have the meanings given those 11 terms in section 3 of the Lobbying Disclosure Act of 12 1995 (2 U.S.C. 1602). 13 ‘‘(5) The term ‘registered lobbyist or lobbying 14 organization’ means a lobbyist or an organization fil- 15 ing a registration pursuant to section 4(a) of the 16 Lobbying Disclosure Act of 1995 (2 U.S.C. 17 1603(a)), and in the case of an organization filing 18 such a registration, ‘registered lobbyist’ includes 19 each of the lobbyists identified therein. 20 ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 21 or have acted as a registered lobbyist. 22 ‘‘(7) The term ‘particular matter’ has the 23 meaning given that term in section 207 of title 18, 24 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 752 IH United States Code, and section 2635.402(b)(3) of 1 title 5, Code of Federal Regulations. 2 ‘‘(8) The term ‘particular matter involving spe- 3 cific parties’ has the meaning set forth in section 4 2641.201(h) of title 5, Code of Federal Regulations, 5 except that it shall include any meeting or other 6 communication relating to the performance of one’s 7 official duties with a former employer or former cli- 8 ent, unless the communication applies to a particular 9 matter of general applicability and participation in 10 the meeting or other event is open to all interested 11 parties. 12 ‘‘(9) The term ‘former employer’ is any person 13 for whom the appointee has within the 2 years prior 14 to the date of his or her appointment served as an 15 employee, officer, director, trustee, or general part- 16 ner, except that ‘former employer’ does not include 17 any executive agency or other entity of the Federal 18 Government, State or local government, the District 19 of Columbia, Native American tribe, or any United 20 States territory or possession. 21 ‘‘(10) The term ‘former client’ is any person for 22 whom the appointee served personally as agent, at- 23 torney, or consultant within the 2 years prior to the 24 date of his or her appointment, but excluding in- 25 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 752 IH stances where the service provided was limited to a 1 speech or similar appearance. It does not include cli- 2 ents of the appointee’s former employer to whom the 3 appointee did not personally provide services. 4 ‘‘(11) The term ‘directly and substantially re- 5 lated to my former employer or former clients’ 6 means matters in which the appointee’s former em- 7 ployer or a former client is a party or represents a 8 party. 9 ‘‘(12) The term ‘participate’ means to partici- 10 pate personally and substantially. 11 ‘‘(13) The term ‘post-employment restrictions’ 12 includes the provisions and exceptions in section 13 207(c) of title 18, United States Code, and the im- 14 plementing regulations. 15 ‘‘(14) The term ‘Government official’ means 16 any employee of the executive branch. 17 ‘‘(15) The term ‘Administration’ means all 18 terms of office of the incumbent President serving at 19 the time of the appointment of an appointee covered 20 by this title. 21 ‘‘(16) The term ‘pledge’ means the ethics 22 pledge set forth in section 202 of this title. 23 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 752 IH ‘‘(17) All references to provisions of law and 1 regulations shall refer to such provisions as in effect 2 on the date of enactment of this title. 3 ‘‘SEC. 202. ETHICS PLEDGE. 4 ‘‘Each appointee in every executive agency appointed 5 on or after the date of enactment of this section shall sign, 6 and upon signing shall be contractually committed to, the 7 following pledge upon becoming an appointee: 8 ‘‘ ‘As a condition, and in consideration, of my employ- 9 ment in the United States Government in an appointee 10 position invested with the public trust, I commit myself 11 to the following obligations, which I understand are bind- 12 ing on me and are enforceable under law: 13 ‘‘ ‘(1) I will not, within 5 years after the termi- 14 nation of my employment as an appointee in any ex- 15 ecutive agency in which I am appointed to serve, en- 16 gage in lobbying activities with respect to that agen- 17 cy. 18 ‘‘ ‘(2) If, upon my departure from the Govern- 19 ment, I am covered by the post-employment restric- 20 tions on communicating with employees of my 21 former executive agency set forth in section 207(c) 22 of title 18, United States Code, I agree that I will 23 abide by those restrictions. 24 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 752 IH ‘‘ ‘(3) In addition to abiding by the limitations 1 of paragraphs 1 and 2, I also agree, upon leaving 2 Government service, not to engage in lobbying activi- 3 ties with respect to any covered executive branch of- 4 ficial or noncareer Senior Executive Service ap- 5 pointee for the remainder of the Administration. 6 ‘‘ ‘(4) I will not, at any time after the termi- 7 nation of my employment in the United States Gov- 8 ernment, engage in any activity on behalf of any for- 9 eign government or foreign political party which, 10 were it undertaken on January 20, 2017, would re- 11 quire me to register under the Foreign Agents Reg- 12 istration Act of 1938, as amended. 13 ‘‘ ‘(5) I will not accept gifts from registered lob- 14 byists or lobbying organizations for the duration of 15 my service as an appointee. 16 ‘‘ ‘(6) I will not for a period of 2 years from the 17 date of my appointment participate in any particular 18 matter involving specific parties that is directly and 19 substantially related to my former employer or 20 former clients, including regulations and contracts. 21 ‘‘ ‘(7) If I was a registered lobbyist within the 22 2 years before the date of my appointment, in addi- 23 tion to abiding by the limitations of paragraph 6, I 24 will not for a period of 2 years after the date of my 25 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 752 IH appointment participate in any particular matter on 1 which I lobbied within the 2 years before the date 2 of my appointment or participate in any particular 3 matter on which I lobbied within the 2 years before 4 the date of my appointment or participate in the 5 specific issue area in which that particular matter 6 falls. 7 ‘‘ ‘(8) I agree that any hiring or other employ- 8 ment decisions I make will be based on the can- 9 didate’s qualifications, competence, and experience. 10 ‘‘ ‘(9) I understand that the obligations of this 11 pledge are in addition to any statutory or other legal 12 restrictions applicable to me by virtue of Govern- 13 ment service.’. 14 ‘‘SEC. 203. WAIVER. 15 ‘‘(a) The Director of the Office of Management and 16 Budget, in consultation with the Counsel to the President, 17 may grant to any current or former appointee a written 18 waiver of any restrictions contained in the pledge signed 19 by such appointee if, and to the extent that, the Director 20 certifies (in writing) that— 21 ‘‘(1) the literal application of the restriction is 22 inconsistent with the purposes of the restriction; or 23 ‘‘(2) it is in the public interest to grant the 24 waiver. 25 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 752 IH ‘‘(b) Any waiver under this section shall take effect 1 when the certification is signed by the Director. 2 ‘‘(c) For purposes of subsection (a)(2), the public in- 3 terest shall include exigent circumstances relating to na- 4 tional security or to the economy. De minimis contact with 5 an executive agency shall be cause for a waiver of the re- 6 strictions contained in paragraph 3 of the pledge. 7 ‘‘SEC. 204. ADMINISTRATION. 8 ‘‘(a) The head of each executive agency shall, in con- 9 sultation with the Director of the Office of Government 10 Ethics, establish such rules or procedures (conforming as 11 nearly as practicable to the agency’s general ethics rules 12 and procedures, including those relating to designated 13 agency ethics officers) as are necessary or appropriate to 14 ensure— 15 ‘‘(1) that every appointee in the agency signs 16 the pledge upon assuming the appointed office or 17 otherwise becoming an appointee; 18 ‘‘(2) that compliance with paragraph 3 of the 19 pledge is addressed in a written ethics agreement 20 with each appointee to whom it applies, which agree- 21 ment shall also be approved by the Counsel to the 22 President prior to the appointee commencing work; 23 ‘‘(3) that spousal employment issues and other 24 conflicts not expressly addressed by the pledge are 25 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 752 IH addressed in ethics agreements with appointees or, 1 where no such agreements are required, through eth- 2 ics counseling; and 3 ‘‘(4) compliance with this title within the agen- 4 cy. 5 ‘‘(b) With respect to the Executive Office of the 6 President, the duties set forth in subsection (a) shall be 7 the responsibility of the Counsel to the President. 8 ‘‘(c) The Director of the Office of Government Ethics 9 shall— 10 ‘‘(1) ensure that the pledge and a copy of this 11 title are made available for use by agencies in ful- 12 filling their duties under subsection (a); 13 ‘‘(2) in consultation with the Attorney General 14 or the Counsel to the President, when appropriate, 15 assist designated agency ethics officers in providing 16 advice to current or former appointees regarding the 17 application of the pledge; 18 ‘‘(3) in consultation with the Attorney General 19 and the Counsel to the President, adopt such rules 20 or procedures as are necessary or appropriate— 21 ‘‘(A) to carry out the responsibilities as- 22 signed by this subsection; 23 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 752 IH ‘‘(B) to apply the lobbyist gift ban set 1 forth in paragraph 1 of the pledge to all execu- 2 tive branch employees; 3 ‘‘(C) to authorize limited exceptions to the 4 lobbyist gift ban for circumstances that do not 5 implicate the purposes of the ban; 6 ‘‘(D) to make clear that no person shall 7 have violated the lobbyist gift ban if the person 8 properly disposes of a gift as provided by sec- 9 tion 2635.205 of title 5, Code of Federal Regu- 10 lations; 11 ‘‘(E) to ensure that existing rules and pro- 12 cedures for Government employees engaged in 13 negotiations for future employment with private 14 businesses that are affected by their official ac- 15 tions do not affect the integrity of the Govern- 16 ment’s programs and operations; and 17 ‘‘(F) to ensure, in consultation with the 18 Director of the Office of Personnel Manage- 19 ment, that the requirement set forth in para- 20 graph 6 of the pledge is honored by every em- 21 ployee of the executive branch; 22 ‘‘(4) in consultation with the Director of the 23 Office of Management and Budget, report to the 24 President on whether full compliance is being 25 VerDate Sep 11 2014 21:20 Feb 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H752.IH H752 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 752 IH achieved with existing laws and regulations gov- 1 erning executive branch procurement lobbying disclo- 2 sure and on steps the executive branch can take to 3 expand to the fullest extent practicable disclosure of 4 such executive branch procurement lobbying and of 5 lobbying for presidential pardons, and to include in 6 the report both immediate action the executive 7 branch can take and, if necessary, recommendations 8 for legislation; and 9 ‘‘(5) provide a [Text truncated for display. 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