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 116TH CONGRESS 1ST SESSION H. R. 1523 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 MARCH 5, 2019 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 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 2 •HR 1523 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 non-career 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 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 3 •HR 1523 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 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 4 •HR 1523 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 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 5 •HR 1523 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 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 6 •HR 1523 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 a position in- 10 vested with the public trust, I commit myself to the fol- 11 lowing obligations, which I understand are binding on me 12 and are enforceable under law: 13 ‘‘ ‘(1) Lobbyist Gift Ban. I will not accept gifts 14 from registered lobbyists or lobbying organizations 15 for the duration of my service as an appointee. 16 ‘‘ ‘(2) Revolving Door Ban—All Appointees En- 17 tering Government. I will not for a period of 2 years 18 from the date of my appointment participate in any 19 particular matter involving specific parties that is di- 20 rectly and substantially related to my former em- 21 ployer or former clients, including regulations and 22 contracts. 23 ‘‘ ‘(3) Revolving Door Ban—Lobbyists Entering 24 Government. If I was a registered lobbyist within the 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 7 •HR 1523 IH 2 years before the date of my appointment, in addi- 1 tion to abiding by the limitations of paragraph 2, I 2 will not for a period of 2 years after the date of my 3 appointment: 4 ‘‘ ‘(A) participate in any particular matter 5 on which I lobbied within the 2 years before the 6 date of my appointment; 7 ‘‘ ‘(B) participate in the specific issue area 8 in which that particular matter falls; or 9 ‘‘ ‘(C) seek or accept employment with any 10 executive agency that I lobbied within the 2 11 years before the date of my appointment. 12 ‘‘ ‘(4) Revolving Door Ban—Appointees Leaving 13 Government. If, upon my departure from the Gov- 14 ernment, I am covered by the post-employment re- 15 strictions on communicating with employees of my 16 former executive agency set forth in section 207(c) 17 of title 18, United States Code, I agree that I will 18 abide by those restrictions for a period of 2 years 19 following the end of my appointment. 20 ‘‘ ‘(5) Revolving Door Ban—Appointees Leaving 21 Government to Lobby. In addition to abiding by the 22 limitations of paragraph 4, I also agree, upon leav- 23 ing Government service, not to lobby any covered ex- 24 ecutive branch official or non-career Senior Execu- 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 8 •HR 1523 IH tive Service appointee for the remainder of the Ad- 1 ministration. 2 ‘‘ ‘(6) Employment Qualification Commitment. I 3 agree that any hiring or other employment decisions 4 I make will be based on the candidate’s qualifica- 5 tions, competence, and experience. 6 ‘‘ ‘(7) Assent to Enforcement. I acknowledge that 7 title II of the Ethics in Government Act of 1978, 8 which I have read before signing this document, de- 9 fines certain of the terms applicable to the foregoing 10 obligations and sets forth the methods for enforcing 11 them. I expressly accept the provisions of that title 12 as a part of this agreement and as binding on me. 13 I understand that the terms of this pledge are in ad- 14 dition to any statutory or other legal restrictions ap- 15 plicable to me by virtue of Federal Government serv- 16 ice.’. 17 ‘‘SEC. 203. WAIVER. 18 ‘‘(a) The Director of the Office of Management and 19 Budget, in consultation with the Counsel to the President, 20 may grant to any current or former appointee a written 21 waiver of any restrictions contained in the pledge signed 22 by such appointee if, and to the extent that, the Director 23 certifies (in writing) that— 24 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 9 •HR 1523 IH ‘‘(1) the literal application of the restriction is 1 inconsistent with the purposes of the restriction; or 2 ‘‘(2) it is in the public interest to grant the 3 waiver. 4 ‘‘(b) Any waiver under this section shall take effect 5 when the certification is signed by the Director. 6 ‘‘(c) For purposes of subsection (a)(2), the public in- 7 terest shall include exigent circumstances relating to na- 8 tional security or to the economy. De minimis contact with 9 an executive agency shall be cause for a waiver of the re- 10 strictions contained in paragraph 3 of the pledge. 11 ‘‘SEC. 204. ADMINISTRATION. 12 ‘‘(a) The head of each executive agency shall, in con- 13 sultation with the Director of the Office of Government 14 Ethics, establish such rules or procedures (conforming as 15 nearly as practicable to the agency’s general ethics rules 16 and procedures, including those relating to designated 17 agency ethics officers) as are necessary or appropriate to 18 ensure— 19 ‘‘(1) that every appointee in the agency signs 20 the pledge upon assuming the appointed office or 21 otherwise becoming an appointee; 22 ‘‘(2) that compliance with paragraph 3 of the 23 pledge is addressed in a written ethics agreement 24 with each appointee to whom it applies, which agree- 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 10 •HR 1523 IH ment shall also be approved by the Counsel to the 1 President prior to the appointee commencing work; 2 ‘‘(3) that spousal employment issues and other 3 conflicts not expressly addressed by the pledge are 4 addressed in ethics agreements with appointees or, 5 where no such agreements are required, through eth- 6 ics counseling; and 7 ‘‘(4) compliance with this title within the agen- 8 cy. 9 ‘‘(b) With respect to the Executive Office of the 10 President, the duties set forth in subsection (a) shall be 11 the responsibility of the Counsel to the President. 12 ‘‘(c) The Director of the Office of Government Ethics 13 shall— 14 ‘‘(1) ensure that the pledge and a copy of this 15 title are made available for use by agencies in ful- 16 filling their duties under subsection (a); 17 ‘‘(2) in consultation with the Attorney General 18 or the Counsel to the President, when appropriate, 19 assist designated agency ethics officers in providing 20 advice to current or former appointees regarding the 21 application of the pledge; and 22 ‘‘(3) in consultation with the Attorney General 23 and the Counsel to the President, adopt such rules 24 or procedures as are necessary or appropriate— 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 11 •HR 1523 IH ‘‘(A) to carry out the responsibilities as- 1 signed by this subsection; 2 ‘‘(B) to apply the lobbyist gift ban set 3 forth in paragraph 1 of the pledge to all execu- 4 tive branch employees; 5 ‘‘(C) to authorize limited exceptions to the 6 lobbyist gift ban for circumstances that do not 7 implicate the purposes of the ban; 8 ‘‘(D) to make clear that no person shall 9 have violated the lobbyist gift ban if the person 10 properly disposes of a gift as provided by sec- 11 tion 2635.205 of title 5, Code of Federal Regu- 12 lations; 13 ‘‘(E) to ensure that existing rules and pro- 14 cedures for Government employees engaged in 15 negotiations for future employment with private 16 businesses that are affected by their official ac- 17 tions do not affect the integrity of the Govern- 18 ment’s programs and operations; and 19 ‘‘(F) to ensure, in consultation with the 20 Director of the Office of Personnel Manage- 21 ment, that the requirement set forth in para- 22 graph 6 of the pledge is honored by every em- 23 ployee of the executive branch; 24 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523 kjohnson on DSK79L0C42 with BILLS 12 •HR 1523 IH ‘‘(4) in consultation with the Director of the 1 Office of Management and Budget, report to the 2 President on whether full compliance is being 3 achieved with existing laws and regulations gov- 4 erning executive branch procurement lobbying disclo- 5 sure and on steps the executive branch can take to 6 expand to the fullest extent practicable disclosure of 7 such executive branch procurement lobbying and of 8 lobbying for presidential pardons, and to include in 9 the report bot [Text truncated for display. 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