[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5069 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5069
To amend title 5, United States Code, to require Federal political
appointees to sign a binding ethics pledge, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2023
Mr. Gallagher introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to require Federal political
appointees to sign a binding 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. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH
EMPLOYEES.
Chapter 131 of title 5, United States Code, is amended by adding at
the end the following:
``SUBCHAPTER IV--ETHICS PLEDGE
``Sec. 13151. Definitions
``For the purposes of this subchapter, the following definitions
apply:
``(1) The term `executive agency' has the meaning given
that term in section 105, 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 full-time, 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;
``(B) includes gifts that are solicited or accepted
indirectly as defined at section 2635.203(f) of such
title; and
``(C) does not include those items excluded by
sections 2635.204(b), (c), (e)(1)-(3) and (j)-(l) of
such title.
``(4) The term `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 term `lobby' and `lobbied' mean to act or have
acted as a registered lobbyist.
``(7) The term `particular matter' has the meaning given
that term in section 207 of title 18 and section 2635.402(b)(3)
of title 5, Code of Federal Regulations.
``(8) The term `particular matter involving specific
parties' has the meaning set forth in section 2641.201(h) of
title 5, Code of Federal Regulations, except that it shall
include any meeting or other communication relating to the
performance of one's official duties with a former employer or
former client, unless the communication applies to a particular
matter of general applicability and participation in the
meeting or other event is open to all interested parties.
``(9) The term `former employer' is any person for whom the
appointee has within the 2 years prior to the date of his or
her appointment served as an employee, officer, director,
trustee, or general partner, except that `former employer' does
not include any executive agency or other entity of the Federal
Government, State or local government, the District of
Columbia, Native American tribe, or any United States territory
or possession.
``(10) The term `former client' is any person for whom the
appointee served personally as agent, attorney, or consultant
within the 2 years prior to the date of his or her appointment,
but excluding instances where the service provided was limited
to a speech or similar appearance. It does not include clients
of the appointee's former employer to whom the appointee did
not personally provide services.
``(11) 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.
``(12) The term `participate' means to participate
personally and substantially.
``(13) The term `post-employment restrictions' includes the
provisions and exceptions in section 207(c) of title 18, and
the implementing regulations.
``(14) The term `Government official' means any employee of
the executive branch.
``(15) 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 subchapter.
``(16) The term `pledge' means the ethics pledge set forth
in section 13152 of this subchapter.
``(17) All references to provisions of law and regulations
shall refer to such provisions as in effect on the date of
enactment of this subchapter.
``Sec. 13152. Ethics pledge
``Each appointee in every executive agency appointed on or after
the date of enactment of this section shall sign, and upon signing
shall be contractually committed to, the following pledge upon becoming
an appointee:
```As a condition, and in consideration, of my employment in the
United States Government in an appointee 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) I will not, within 5 years after the termination of
my employment as an appointee in any executive agency in which
I am appointed to serve, engage in lobbying activities with
respect to that agency.
```(2) 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.
```(3) In addition to abiding by the limitations of
paragraphs 1 and 2, I also agree, upon leaving Government
service, not to engage in lobbying activities with respect to
any covered executive branch official or noncareer Senior
Executive Service appointee for the remainder of the
Administration.
```(4) I will not, at any time after the termination of my
employment in the United States Government, engage in any
activity on behalf of any foreign government or foreign
political party which, were it undertaken on January 20, 2017,
would require me to register under the Foreign Agents
Registration Act of 1938, as amended.
```(5) I will not accept gifts from registered lobbyists or
lobbying organizations for the duration of my service as an
appointee.
```(6) I will not for a period of 2 years from the date of
my appointment participate in any particular matter involving
specific parties that is directly and substantially related to
my former employer or former clients, including regulations and
contracts.
```(7) If I was a registered lobbyist within the 2 years
before the date of my appointment, in addition to abiding by
the limitations of paragraph 6, I will not for a period of 2
years after the date of my appointment participate in any
particular matter on which I lobbied within the 2 years before
the date of my appointment or participate in any particular
matter on which I lobbied within the 2 years before the date of
my appointment or participate in the specific issue area in
which that particular matter falls.
```(8) I agree that any hiring or other employment
decisions I make will be based on the candidate's
qualifications, competence, and experience.
```(9) I understand that the obligations of this pledge are
in addition to any statutory or other legal restrictions
applicable to me by virtue of Government service.'.
``Sec. 13153. Waiver
``(a) In General.--The Director of the Office of Management and
Budget, in consultation with the Counsel to the President, 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 Director certifies (in writing) that--
``(1) the literal application of the restriction is
inconsistent with the purposes of the restriction; or
``(2) it is in the public interest to grant the waiver.
``(b) Application.--Any waiver under this section shall take effect
when the certification is signed by the Director.
``(c) Public Interest.--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 3 of the pledge.
``Sec. 13154. Administration
``(a) In General.--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 3 of the pledge is
addressed in a written ethics agreement with each appointee to
whom it applies, which agreement shall also be approved by the
Counsel to the President prior to the appointee commencing
work;
``(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 subchapter within the agency.
``(b) EOP.--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) Director Duties.--The Director of the Office of Government
Ethics shall--
``(1) ensure that the pledge and a copy of this subchapter
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) in consultation with the Attorney General and the
Counsel to the President, 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 as provided by section 2635.205 of
title 5, Code of Federal Regulations;
``(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 6 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 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 subchapter.
``(d) Report.--The Director of the Office of Government Ethics
shall, in consultation with the Attorney General, the Counsel to the
President, and the Director of the Office of Personnel Management,
report to the President on steps the executive branch can take to
expand to the fullest extent practicable the revolving door ban set
forth in paragraph 5 of the pledge to all executive branch employees
who are involved in the procurement process such that they may not for
2 years after leaving Government service lobby any Government official
regarding a Government contract that was under their official
responsibility in the last 2 years of their Government service, and to
include in the report both immediate action the executive branch can
take and, if necessary, recommendations for legislation.
``(e) Filing.--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.
``Sec. 13155. Enforcement
``(a) In General.--The contractual, fiduciary, and ethical
commitments in the pledge are solely enforceable by the United States
pursuant to this section by any legally available means, including
debarment proceedings within any affected executive agency or judicial
civil proceedings for declaratory, injunctive, or monetary relief.
``(b) Violations.--Any former appointee who is determined, after
notice and hearing, by the duly designated authority within any agency,
to have violated his or her pledge may be barred from lobbying any
officer or employee of that agency for up to 5 years in addition to the
time period covered by the pledge. The head of every executive agency
shall, in consultation with the Director of the Office of Government
Ethics, establish procedures to implement this subsection, which
procedures shall include providing for fact-finding and investigation
of possible violations of this subchapter and for referrals to the
Attorney General for consideration pursuant to subsection (c).
``(c) Investigation; Civil Action.--The Attorney General is
authorized--
``(1) upon receiving information regarding the possible
breach of any commitment in a signed pledge, to request any
appropriate Federal investigative authority to conduct such
investigations as may be appropriate; and
``(2) upon determining that there is a reasonable basis to
believe that a breach of a commitment has occurred or will
occur or continue, if not enjoined, to commence a civil action
against the former employee in any United States District Court
with jurisdiction to consider the matter.
``(d) Relief.--In any such civil action, the Attorney General is
authorized to request any and all relief authorized by law, including--
``(1) such temporary restraining orders and preliminary and
permanent injunctions as may be appropriate to restrain future,
recurring, or continuing conduct by the former employee in
breach of the commitments in the pledge he or she signed under
this subchapter; and
``(2) establishment of a constructive trust for the benefit
of the United States, requiring an accounting and payment to
the United States Treasury of all money and other things of
value received by, or payable to, the former employee arising
out of any breach or attempted breach of such pledge.''.
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