[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1077 Introduced in House (IH)]
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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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Public Service Act''.
SEC. 2. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH
EMPLOYEES.
The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is
amended by inserting after title I the following new title:
``TITLE II--ETHICS PLEDGE
``SEC. 201. DEFINITIONS.
``For the purposes of this title, the following definitions apply:
``(1) The term `executive agency' has the meaning given
that term in section 105 of title 5, United States Code, and
includes the Executive Office of the President, the United
States Postal Service, and Postal Regulatory Commission, but
does not include the Government Accountability Office.
``(2) The term `appointee' means any noncareer Presidential
or Vice-Presidential appointee, noncareer appointee in the
Senior Executive Service (or other SES-type system), or
appointee to a position that has been excepted from the
competitive service by reason of being of a confidential or
policymaking character (Schedule C and other positions excepted
under comparable criteria) in an executive agency, but does not
include any individual appointed as a member of the Senior
Foreign Service or solely as a uniformed service commissioned
officer.
``(3) The term `gift'--
``(A) has the meaning given that term in section
2635.203(b) of title 5, Code of Federal Regulations (or
any successor regulation); and
``(B) does not include those items excluded by
sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k),
and (l) of such title 5.
``(4) The terms `covered executive branch official' and
`lobbyist' have the meanings given those terms in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
``(5) The term `registered lobbyist or lobbying
organization' means a lobbyist or an organization filing a
registration pursuant to section 4(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of
an organization filing such a registration, `registered
lobbyist' includes each of the lobbyists identified therein.
``(6) The terms `lobby' and `lobbied' mean to act or have
acted as a registered lobbyist.
``(7) The term `former employer'--
``(A) means a person or entity for whom an
appointee served as an employee, officer, director,
trustee, partner, agent, attorney, consultant, or
contractor during the 2-year period ending on the date
before the date on which the covered employee begins
service in the Federal Government; and
``(B) does not include--
``(i) an agency or instrumentality of the
Federal Government;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304); or
``(v) the government of a territory or
possession of the United States.
``(8) The term `former client' means a person or entity for
whom an appointee served personally as agent, attorney, or
consultant during the 2-year period ending on the date before
the date on which the covered employee begins service in the
Federal Government, but does not include an agency or
instrumentality of the Federal Government;
``(9) The term `directly and substantially related to my
former employer or former clients' means matters in which the
appointee's former employer or a former client is a party or
represents a party.
``(10) The term `participate' means to participate
personally and substantially.
``(11) The term `post-employment restrictions' includes the
provisions and exceptions in section 207(c) of title 18, United
States Code, and the implementing regulations.
``(12) The term `Government official' means any employee of
the executive branch.
``(13) The term `Administration' means all terms of office
of the incumbent President serving at the time of the
appointment of an appointee covered by this title.
``(14) The term `pledge' means the ethics pledge set forth
in section 202 of this title.
``(15) All references to provisions of law and regulations
shall refer to such provisions as in effect on the date of
enactment of this title.
``SEC. 202. ETHICS PLEDGE.
``Each appointee in every executive agency appointed on or after
the date of enactment of this section shall be required to sign an
ethics pledge upon appointment. The pledge shall be signed and dated
within 30 days of taking office and shall include, at a minimum, the
following elements:
```As a condition, and in consideration, of my employment in the
United States Government in a position invested with the public trust,
I commit myself to the following obligations, which I understand are
binding on me and are enforceable under law:
```(1) Lobbyist Gift Ban.--I will not accept gifts from
registered lobbyists or lobbying organizations for the duration
of my service as an appointee.
```(2) Revolving Door Ban; Entering Government.--
```(A) All Appointees Entering Government.--I will
not, for a period of 2 years from the date of my
appointment, participate in any particular matter
involving specific party or parties that is directly
and substantially related to my former employer or
former clients, including regulations and contracts.
```(B) Lobbyists Entering Government.--If I was a
registered lobbyist within the 2 years before the date
of my appointment, in addition to abiding by the
limitations of subparagraph (A), I will not for a
period of 2 years after the date of my appointment:
```(i) participate in any particular matter
on which I lobbied within the 2 years before
the date of my appointment;
```(ii) participate in the specific issue
area in which that particular matter falls; or
```(iii) seek or accept employment with any
executive agency that I lobbied within the 2
years before the date of my appointment.
```(3) Revolving Door Ban; Appointees Leaving Government.--
```(A) All Appointees Leaving Government.--If, upon
my departure from the Government, I am covered by the
post-employment restrictions on communicating with
employees of my former executive agency set forth in
section 207(c) of title 18, United States Code, I agree
that I will abide by those restrictions for a period of
2 years following the end of my appointment.
```(B) Appointees Leaving Government to Lobby.--In
addition to abiding by the limitations of subparagraph
(A), I also agree, upon leaving Government service, not
to lobby any covered executive branch official or
noncareer Senior Executive Service appointee for the
remainder of the Administration.
```(4) Employment Qualification Commitment.--I agree that
any hiring or other employment decisions I make will be based
on the candidate's qualifications, competence, and experience.
```(5) Assent to Enforcement.--I acknowledge that title II
of the Ethics in Government Act of 1978, which I have read
before signing this document, defines certain of the terms
applicable to the foregoing obligations and sets forth the
methods for enforcing them. I expressly accept the provisions
of that title as a part of this agreement and as binding on me.
I understand that the terms of this pledge are in addition to
any statutory or other legal restrictions applicable to me by
virtue of Federal Government service.'''.
``SEC. 203. WAIVER.
``(a) The President or the President's designee may grant to any
current or former appointee a written waiver of any restrictions
contained in the pledge signed by such appointee if, and to the extent
that, the President or the President's designee certifies (in writing)
that, in light of all the relevant circumstances, the interest of the
Federal Government in the employee's participation outweighs the
concern that a reasonable person may question the integrity of the
agency's programs or operations.
``(b) Any waiver under this section shall take effect when the
certification is signed by the President or the President's designee.
``(c) For purposes of subsection (a)(2), the public interest shall
include exigent circumstances relating to national security or to the
economy. De minimis contact with an executive agency shall be cause for
a waiver of the restrictions contained in paragraph (2)(B) of the
pledge.
``(d) For any waiver granted under this section, the individual who
granted the waiver shall--
``(1) provide a copy of the waiver to the Director not more
than 48 hours after the waiver is granted; and
``(2) publish the waiver on the website of the applicable
agency not later than 30 calendar days after granting such
waiver.
``(e) Upon receiving a written waiver under subsection (d), the
Director shall--
``(1) review the waiver to determine whether the Director
has any objection to the issuance of the waiver; and
``(2) if the Director so objects--
``(A) provide reasons for the objection in writing
to the head of the agency who granted the waiver not
more than 15 calendar days after the waiver was
granted; and
``(B) publish the written objection on the website
of the Office of Government Ethics not more than 30
calendar days after the waiver was granted.
``SEC. 204. ADMINISTRATION.
``(a) The head of each executive agency shall, in consultation with
the Director of the Office of Government Ethics, establish such rules
or procedures (conforming as nearly as practicable to the agency's
general ethics rules and procedures, including those relating to
designated agency ethics officers) as are necessary or appropriate to
ensure--
``(1) that every appointee in the agency signs the pledge
upon assuming the appointed office or otherwise becoming an
appointee;
``(2) that compliance with paragraph (2)(B) of the pledge
is addressed in a written ethics agreement with each appointee
to whom it applies;
``(3) that spousal employment issues and other conflicts
not expressly addressed by the pledge are addressed in ethics
agreements with appointees or, where no such agreements are
required, through ethics counseling; and
``(4) compliance with this title within the agency.
``(b) With respect to the Executive Office of the President, the
duties set forth in subsection (a) shall be the responsibility of the
Counsel to the President.
``(c) The Director of the Office of Government Ethics shall--
``(1) ensure that the pledge and a copy of this title are
made available for use by agencies in fulfilling their duties
under subsection (a);
``(2) in consultation with the Attorney General or the
Counsel to the President, when appropriate, assist designated
agency ethics officers in providing advice to current or former
appointees regarding the application of the pledge;
``(3) adopt such rules or procedures as are necessary or
appropriate--
``(A) to carry out the responsibilities assigned by
this subsection;
``(B) to apply the lobbyist gift ban set forth in
paragraph 1 of the pledge to all executive branch
employees;
``(C) to authorize limited exceptions to the
lobbyist gift ban for circumstances that do not
implicate the purposes of the ban;
``(D) to make clear that no person shall have
violated the lobbyist gift ban if the person properly
disposes of a gift;
``(E) to ensure that existing rules and procedures
for Government employees engaged in negotiations for
future employment with private businesses that are
affected by their official actions do not affect the
integrity of the Government's programs and operations;
and
``(F) to ensure, in consultation with the Director
of the Office of Personnel Management, that the
requirement set forth in paragraph (4) of the pledge is
honored by every employee of the executive branch;
``(4) in consultation with the Director of the Office of
Management and Budget, report to the President, the Committee
on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of
the Senate on whether full compliance is being achieved with
existing laws and regulations governing executive branch
procurement lobbying disclosure and on steps the executive
branch can take to expand to the fullest extent practicable
disclosure of such executive branch procurement lobbying and of
lobbying for presidential pardons, and to include in the report
both immediate action the executive branch can take and, if
necessary, recommendations for legislation; and
``(5) provide an annual public report on the administration
of the pledge and this title.
``(d) All pledges signed by appointees, and all waiver
certifications with respect thereto, shall be filed with the head of
the appointee's agency for permanent retention in the appointee's
official personnel folder or equivalent folder.''.
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