Ethics in Public Service Act

I 116TH CONGRESS 1ST SESSION H. R. 209 To amend the Ethics in Government Act of 1978 to require political appointees to sign an ethics pledge, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 3, 2019 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 political appointees 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 subtitle may be cited as the ‘‘Ethics in Public 4 Service 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 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 209 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’ means anything having 23 monetary value. 24 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 209 IH ‘‘(4) The term ‘covered executive branch offi- 1 cial’ and ‘lobbyist’ have the meanings given those 2 terms in section 3 of the Lobbying Disclosure Act of 3 1995 (2 U.S.C. 1602). 4 ‘‘(5) The term ‘registered lobbyist or lobbying 5 organization’ means a lobbyist or an organization fil- 6 ing a registration pursuant to section 4(a) of the 7 Lobbying Disclosure Act of 1995 (2 U.S.C. 8 1603(a)), and in the case of an organization filing 9 such a registration, ‘registered lobbyist’ includes 10 each of the lobbyists identified therein. 11 ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 12 or have acted as a registered lobbyist. 13 ‘‘(7) The term ‘former employer’ is any person 14 for whom the appointee has within the 2 years prior 15 to the date of his or her appointment served as an 16 employee, officer, director, trustee, or general part- 17 ner, except that ‘former employer’ does not include 18 any executive agency or other entity of the Federal 19 Government, State or local government, the District 20 of Columbia, Native American tribe, or any United 21 States territory or possession. 22 ‘‘(8) The term ‘former client’ is any person for 23 whom the appointee served personally as agent, at- 24 torney, or consultant within the 2 years prior to the 25 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 209 IH date of his or her appointment, but excluding in- 1 stances where the service provided was limited to a 2 speech or similar appearance. It does not include cli- 3 ents of the appointee’s former employer to whom the 4 appointee did not personally provide services. 5 ‘‘(9) The term ‘directly and substantially re- 6 lated to my former employer or former clients’ 7 means matters in which the appointee’s former em- 8 ployer or a former client is a party or represents a 9 party. 10 ‘‘(10) The term ‘participate’ means to partici- 11 pate personally and substantially. 12 ‘‘(11) The term ‘post-employment restrictions’ 13 includes the provisions and exceptions in section 14 207(c) of title 18, United States Code, and the im- 15 plementing regulations. 16 ‘‘(12) The term ‘Government official’ means 17 any employee of the executive branch. 18 ‘‘(13) The term ‘Administration’ means all 19 terms of office of the incumbent President serving at 20 the time of the appointment of an appointee covered 21 by this title. 22 ‘‘(14) The term ‘pledge’ means the ethics 23 pledge set forth in section 202 of this title. 24 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 209 IH ‘‘(15) 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 be 6 required to sign an ethics pledge upon appointment. The 7 pledge shall be signed and dated within 30 days of taking 8 office and shall include at least the following elements, in 9 addition to other requirements: 10 ‘‘ ‘As a condition, and in consideration, of my employ- 11 ment in the United States Government in a position in- 12 vested with the public trust, I commit myself to the fol- 13 lowing obligations, which I understand are binding on me 14 and are enforceable under law: 15 ‘‘ ‘(1) Lobbyist Gift Ban.—I will not accept 16 gifts from registered lobbyists or lobbying organiza- 17 tions for the duration of my service as an appointee. 18 ‘‘ ‘(2) Revolving Door Ban; Entering Govern- 19 ment.— 20 ‘‘ ‘(A) All Appointees Entering Govern- 21 ment.—I will not, for a period of 2 years from 22 the date of my appointment, participate in any 23 particular matter involving specific party or 24 parties that is directly and substantially related 25 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 209 IH to my former employer or former clients, in- 1 cluding regulations and contracts. 2 ‘‘ ‘(B) Lobbyists Entering Government.—If 3 I was a registered lobbyist within the 2 years 4 before the date of my appointment, in addition 5 to abiding by the limitations of subparagraph 6 (A), I will not for a period of 2 years after the 7 date of my appointment: 8 ‘‘ ‘(i) participate in any particular 9 matter on which I lobbied within the 2 10 years before the date of my appointment; 11 ‘‘ ‘(ii) participate in the specific issue 12 area in which that particular matter falls; 13 or 14 ‘‘ ‘(iii) seek or accept employment with 15 any executive agency that I lobbied within 16 the 2 years before the date of my appoint- 17 ment. 18 ‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 19 Government.— 20 ‘‘ ‘(A) All Appointees Leaving Govern- 21 ment.—If, upon my departure from the Govern- 22 ment, I am covered by the post-employment re- 23 strictions on communicating with employees of 24 my former executive agency set forth in section 25 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 209 IH 207(c) of title 18, United States Code, I agree 1 that I will abide by those restrictions for a pe- 2 riod of 2 years following the end of my appoint- 3 ment. 4 ‘‘ ‘(B) Appointees Leaving Government to 5 Lobby.—In addition to abiding by the limita- 6 tions of subparagraph (A), I also agree, upon 7 leaving Government service, not to lobby any 8 covered executive branch official or noncareer 9 Senior Executive Service appointee for the re- 10 mainder of the Administration. 11 ‘‘ ‘(4) Employment Qualification Commit- 12 ment.—I agree that any hiring or other employment 13 decisions I make will be based on the candidate’s 14 qualifications, competence, and experience. 15 ‘‘ ‘(5) Assent to Enforcement.—I acknowledge 16 that title II of the Ethics in Government Act of 17 1978, which I have read before signing this docu- 18 ment, defines certain of the terms applicable to the 19 foregoing obligations and sets forth the methods for 20 enforcing them. I expressly accept the provisions of 21 that title as a part of this agreement and as binding 22 on me. I understand that the terms of this pledge 23 are in addition to any statutory or other legal re- 24 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 209 IH strictions applicable to me by virtue of Federal Gov- 1 ernment service.’ ’’. 2 ‘‘SEC. 203. WAIVER. 3 ‘‘(a) The President or the President’s designee may 4 grant to any current or former appointee a written waiver 5 of any restrictions contained in the pledge signed by such 6 appointee if, and to the extent that, the President or the 7 President’s designee certifies (in writing) that— 8 ‘‘(1) the literal application of the restriction is 9 inconsistent with the purposes of the restriction; or 10 ‘‘(2) it is in the public interest to grant the 11 waiver. 12 ‘‘(b) Any waiver under this section shall take effect 13 when the certification is signed by the President or the 14 President’s designee. 15 ‘‘(c) For purposes of subsection (a)(2), the public in- 16 terest shall include exigent circumstances relating to na- 17 tional security or to the economy. De minimis contact with 18 an executive agency shall be cause for a waiver of the re- 19 strictions contained in paragraph (2)(B) of the pledge. 20 ‘‘SEC. 204. ADMINISTRATION. 21 ‘‘(a) The head of each executive agency shall, in con- 22 sultation with the Director of the Office of Government 23 Ethics, establish such rules or procedures (conforming as 24 nearly as practicable to the agency’s general ethics rules 25 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 209 IH and procedures, including those relating to designated 1 agency ethics officers) as are necessary or appropriate to 2 ensure— 3 ‘‘(1) that every appointee in the agency signs 4 the pledge upon assuming the appointed office or 5 otherwise becoming an appointee; 6 ‘‘(2) that compliance with paragraph (2)(B) of 7 the pledge is addressed in a written ethics agree- 8 ment with each appointee to whom it applies; 9 ‘‘(3) that spousal employment issues and other 10 conflicts not expressly addressed by the pledge are 11 addressed in ethics agreements with appointees or, 12 where no such agreements are required, through eth- 13 ics counseling; and 14 ‘‘(4) compliance with this title within the agen- 15 cy. 16 ‘‘(b) With respect to the Executive Office of the 17 President, the duties set forth in subsection (a) shall be 18 the responsibility of the Counsel to the President. 19 ‘‘(c) The Director of the Office of Government Ethics 20 shall— 21 ‘‘(1) ensure that the pledge and a copy of this 22 title are made available for use by agencies in ful- 23 filling their duties under subsection (a); 24 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 209 IH ‘‘(2) in consultation with the Attorney General 1 or the Counsel to the President, when appropriate, 2 assist designated agency ethics officers in providing 3 advice to current or former appointees regarding the 4 application of the pledge; 5 ‘‘(3) adopt such rules or procedures as are nec- 6 essary or appropriate— 7 ‘‘(A) to carry out the responsibilities as- 8 signed by this subsection; 9 ‘‘(B) to apply the lobbyist gift ban set 10 forth in paragraph 1 of the pledge to all execu- 11 tive branch employees; 12 ‘‘(C) to authorize limited exceptions to the 13 lobbyist gift ban for circumstances that do not 14 implicate the purposes of the ban; 15 ‘‘(D) to make clear that no person shall 16 have violated the lobbyist gift ban if the person 17 properly disposes of a gift; 18 ‘‘(E) to ensure that existing rules and pro- 19 cedures for Government employees engaged in 20 negotiations for future employment with private 21 businesses that are affected by their official ac- 22 tions do not affect the integrity of the Govern- 23 ment’s programs and operations; and 24 VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 209 IH ‘‘(F) to ensure, in consultation with the 1 Director of the Office of Personnel Manage- 2 ment, that the requirement set forth in para- 3 graph (4) of the pledge is honored by every em- 4 ployee of the executive branch; 5 ‘‘(4) in consultation with the Director of the 6 Office of Management and Budget, report to the 7 President on whether full compliance is being 8 achieved with existing laws and regulations gov- 9 erning executive branch procurement lobbying disclo- 10 sure and on steps the executive branch can take to 11 expand to the fullest extent practicable disclosure of 12 such executive branch procurement lobbying and of 13 lobbying for presidential pardons, and to include in 14 the report both immediate action the executive 15 branch can take and, if necessary, recommendations 16 for legislation; and 17 ‘‘(5) provide an annual public report on the ad- 18 ministration of the pledge and this title. 19 ‘‘(d) All pledges signed by appointees, and all waiver 20 certifications with respect thereto, shall be filed with the 21 head of the appointee’s agency for permanent retention 22 in the appointee’s official personnel folder or equivalent 23 folder.’’. 24 Æ VerDate Sep 11 2014 23:02 Jan 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H209.IH H209 pamtmann on DSKBFK8HB2PROD with BILLS