Ethics in Public Service Act

I 117TH CONGRESS 1ST SESSION H. R. 1077 To amend the Ethics in Government Act of 1978 to require senior executive branch employees to sign an ethics pledge, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 15, 2021 Mr. SCHNEIDER 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 senior executive branch employees to sign an 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. SHORT TITLE. 3 This Act may be cited as the ‘‘Ethics in Public Serv- 4 ice Act’’. 5 SEC. 2. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXEC- 6 UTIVE BRANCH EMPLOYEES. 7 The Ethics in Government Act of 1978 (5 U.S.C. 8 App. 101 et seq.) is amended by inserting after title I the 9 following new title: 10 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1077 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 noncareer 11 Presidential or Vice-Presidential appointee, non- 12 career appointee in the Senior Executive Service (or 13 other SES-type system), or appointee to a position 14 that has been excepted from the competitive service 15 by reason of being of a confidential or policymaking 16 character (Schedule C and other positions excepted 17 under comparable criteria) in an executive agency, 18 but does not include any individual appointed as a 19 member of the Senior Foreign Service or solely as 20 a uniformed service commissioned officer. 21 ‘‘(3) The term ‘gift’— 22 ‘‘(A) has the meaning given that term in 23 section 2635.203(b) of title 5, Code of Federal 24 Regulations (or any successor regulation); and 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1077 IH ‘‘(B) does not include those items excluded 1 by sections 2635.204(b), (c), (e)(1), (e)(3), (j), 2 (k), and (l) of such title 5. 3 ‘‘(4) The terms ‘covered executive branch offi- 4 cial’ and ‘lobbyist’ have the meanings given those 5 terms in section 3 of the Lobbying Disclosure Act of 6 1995 (2 U.S.C. 1602). 7 ‘‘(5) The term ‘registered lobbyist or lobbying 8 organization’ means a lobbyist or an organization fil- 9 ing a registration pursuant to section 4(a) of the 10 Lobbying Disclosure Act of 1995 (2 U.S.C. 11 1603(a)), and in the case of an organization filing 12 such a registration, ‘registered lobbyist’ includes 13 each of the lobbyists identified therein. 14 ‘‘(6) The terms ‘lobby’ and ‘lobbied’ mean to 15 act or have acted as a registered lobbyist. 16 ‘‘(7) The term ‘former employer’— 17 ‘‘(A) means a person or entity for whom 18 an appointee served as an employee, officer, di- 19 rector, trustee, partner, agent, attorney, con- 20 sultant, or contractor during the 2-year period 21 ending on the date before the date on which the 22 covered employee begins service in the Federal 23 Government; and 24 ‘‘(B) does not include— 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1077 IH ‘‘(i) an agency or instrumentality of 1 the Federal Government; 2 ‘‘(ii) a State or local government; 3 ‘‘(iii) the District of Columbia; 4 ‘‘(iv) an Indian tribe, as defined in 5 section 4 of the Indian Self-Determination 6 and Education Assistance Act (25 U.S.C. 7 5304); or 8 ‘‘(v) the government of a territory or 9 possession of the United States. 10 ‘‘(8) The term ‘former client’ means a person 11 or entity for whom an appointee served personally as 12 agent, attorney, or consultant during the 2-year pe- 13 riod ending on the date before the date on which the 14 covered employee begins service in the Federal Gov- 15 ernment, but does not include an agency or instru- 16 mentality of the Federal Government; 17 ‘‘(9) The term ‘directly and substantially re- 18 lated to my former employer or former clients’ 19 means matters in which the appointee’s former em- 20 ployer or a former client is a party or represents a 21 party. 22 ‘‘(10) The term ‘participate’ means to partici- 23 pate personally and substantially. 24 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 1077 IH ‘‘(11) The term ‘post-employment restrictions’ 1 includes the provisions and exceptions in section 2 207(c) of title 18, United States Code, and the im- 3 plementing regulations. 4 ‘‘(12) The term ‘Government official’ means 5 any employee of the executive branch. 6 ‘‘(13) The term ‘Administration’ means all 7 terms of office of the incumbent President serving at 8 the time of the appointment of an appointee covered 9 by this title. 10 ‘‘(14) The term ‘pledge’ means the ethics 11 pledge set forth in section 202 of this title. 12 ‘‘(15) All references to provisions of law and 13 regulations shall refer to such provisions as in effect 14 on the date of enactment of this title. 15 ‘‘SEC. 202. ETHICS PLEDGE. 16 ‘‘Each appointee in every executive agency appointed 17 on or after the date of enactment of this section shall be 18 required to sign an ethics pledge upon appointment. The 19 pledge shall be signed and dated within 30 days of taking 20 office and shall include, at a minimum, the following ele- 21 ments: 22 ‘‘ ‘As a condition, and in consideration, of my employ- 23 ment in the United States Government in a position in- 24 vested with the public trust, I commit myself to the fol- 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 1077 IH lowing obligations, which I understand are binding on me 1 and are enforceable under law: 2 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 3 gifts from registered lobbyists or lobbying organiza- 4 tions for the duration of my service as an appointee. 5 ‘‘ ‘(2) Revolving Door Ban; Entering Govern- 6 ment.— 7 ‘‘ ‘(A) All Appointees Entering Govern- 8 ment.—I will not, for a period of 2 years from 9 the date of my appointment, participate in any 10 particular matter involving specific party or 11 parties that is directly and substantially related 12 to my former employer or former clients, in- 13 cluding regulations and contracts. 14 ‘‘ ‘(B) Lobbyists Entering Government.—If 15 I was a registered lobbyist within the 2 years 16 before the date of my appointment, in addition 17 to abiding by the limitations of subparagraph 18 (A), I will not for a period of 2 years after the 19 date of my appointment: 20 ‘‘ ‘(i) participate in any particular 21 matter on which I lobbied within the 2 22 years before the date of my appointment; 23 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 1077 IH ‘‘ ‘(ii) participate in the specific issue 1 area in which that particular matter falls; 2 or 3 ‘‘ ‘(iii) seek or accept employment with 4 any executive agency that I lobbied within 5 the 2 years before the date of my appoint- 6 ment. 7 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 8 Government.— 9 ‘‘ ‘(A) All Appointees Leaving Govern- 10 ment.—If, upon my departure from the Govern- 11 ment, I am covered by the post-employment re- 12 strictions on communicating with employees of 13 my former executive agency set forth in section 14 207(c) of title 18, United States Code, I agree 15 that I will abide by those restrictions for a pe- 16 riod of 2 years following the end of my appoint- 17 ment. 18 ‘‘ ‘(B) Appointees Leaving Government to 19 Lobby.—In addition to abiding by the limita- 20 tions of subparagraph (A), I also agree, upon 21 leaving Government service, not to lobby any 22 covered executive branch official or noncareer 23 Senior Executive Service appointee for the re- 24 mainder of the Administration. 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 1077 IH ‘‘ ‘(4) Employment Qualification Commit- 1 ment.—I agree that any hiring or other employment 2 decisions I make will be based on the candidate’s 3 qualifications, competence, and experience. 4 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 5 that title II of the Ethics in Government Act of 6 1978, which I have read before signing this docu- 7 ment, defines certain of the terms applicable to the 8 foregoing obligations and sets forth the methods for 9 enforcing them. I expressly accept the provisions of 10 that title as a part of this agreement and as binding 11 on me. I understand that the terms of this pledge 12 are in addition to any statutory or other legal re- 13 strictions applicable to me by virtue of Federal Gov- 14 ernment service.’ ’’. 15 ‘‘SEC. 203. WAIVER. 16 ‘‘(a) The President or the President’s designee may 17 grant to any current or former appointee a written waiver 18 of any restrictions contained in the pledge signed by such 19 appointee if, and to the extent that, the President or the 20 President’s designee certifies (in writing) that, in light of 21 all the relevant circumstances, the interest of the Federal 22 Government in the employee’s participation outweighs the 23 concern that a reasonable person may question the integ- 24 rity of the agency’s programs or operations. 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 1077 IH ‘‘(b) Any waiver under this section shall take effect 1 when the certification is signed by the President or the 2 President’s designee. 3 ‘‘(c) For purposes of subsection (a)(2), the public in- 4 terest shall include exigent circumstances relating to na- 5 tional security or to the economy. De minimis contact with 6 an executive agency shall be cause for a waiver of the re- 7 strictions contained in paragraph (2)(B) of the pledge. 8 ‘‘(d) For any waiver granted under this section, the 9 individual who granted the waiver shall— 10 ‘‘(1) provide a copy of the waiver to the Direc- 11 tor not more than 48 hours after the waiver is 12 granted; and 13 ‘‘(2) publish the waiver on the website of the 14 applicable agency not later than 30 calendar days 15 after granting such waiver. 16 ‘‘(e) Upon receiving a written waiver under sub- 17 section (d), the Director shall— 18 ‘‘(1) review the waiver to determine whether the 19 Director has any objection to the issuance of the 20 waiver; and 21 ‘‘(2) if the Director so objects— 22 ‘‘(A) provide reasons for the objection in 23 writing to the head of the agency who granted 24 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 1077 IH the waiver not more than 15 calendar days 1 after the waiver was granted; and 2 ‘‘(B) publish the written objection on the 3 website of the Office of Government Ethics not 4 more than 30 calendar days after the waiver 5 was granted. 6 ‘‘SEC. 204. ADMINISTRATION. 7 ‘‘(a) The head of each executive agency shall, in con- 8 sultation with the Director of the Office of Government 9 Ethics, establish such rules or procedures (conforming as 10 nearly as practicable to the agency’s general ethics rules 11 and procedures, including those relating to designated 12 agency ethics officers) as are necessary or appropriate to 13 ensure— 14 ‘‘(1) that every appointee in the agency signs 15 the pledge upon assuming the appointed office or 16 otherwise becoming an appointee; 17 ‘‘(2) that compliance with paragraph (2)(B) of 18 the pledge is addressed in a written ethics agree- 19 ment with each appointee to whom it applies; 20 ‘‘(3) that spousal employment issues and other 21 conflicts not expressly addressed by the pledge are 22 addressed in ethics agreements with appointees or, 23 where no such agreements are required, through eth- 24 ics counseling; and 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 1077 IH ‘‘(4) compliance with this title within the agen- 1 cy. 2 ‘‘(b) With respect to the Executive Office of the 3 President, the duties set forth in subsection (a) shall be 4 the responsibility of the Counsel to the President. 5 ‘‘(c) The Director of the Office of Government Ethics 6 shall— 7 ‘‘(1) ensure that the pledge and a copy of this 8 title are made available for use by agencies in ful- 9 filling their duties under subsection (a); 10 ‘‘(2) in consultation with the Attorney General 11 or the Counsel to the President, when appropriate, 12 assist designated agency ethics officers in providing 13 advice to current or former appointees regarding the 14 application of the pledge; 15 ‘‘(3) adopt such rules or procedures as are nec- 16 essary or appropriate— 17 ‘‘(A) to carry out the responsibilities as- 18 signed by this subsection; 19 ‘‘(B) to apply the lobbyist gift ban set 20 forth in paragraph 1 of the pledge to all execu- 21 tive branch employees; 22 ‘‘(C) to authorize limited exceptions to the 23 lobbyist gift ban for circumstances that do not 24 implicate the purposes of the ban; 25 VerDate Sep 11 2014 04:26 Mar 19, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1077.IH H1077 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 1077 IH ‘‘(D) to make clear that no person shall 1 have violated the lobbyist gift ban if the person 2 properly disposes of a gift; 3 ‘‘(E) to ensure that existing rules and pro- 4 cedures for Government employees engaged in 5 negotiations for future employment with private 6 businesses that are affected by their official ac- 7 tions do not affect the integrity of the Govern- 8 ment’s programs and operations; and 9 ‘‘(F) to ensure, in consultation with the 10 Director of the Office of Personnel Manage- 11 ment, that the requirement set forth in para- 12 graph (4) of the pledge is honored by every em- 13 ployee of the executive branch; 14 ‘‘(4) in consultation with the Director of the 15 Office of Manag [Text truncated for display. 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