[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 209 Introduced in House (IH)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This subtitle 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 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' means anything having monetary value.
``(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 `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.
``(8) 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.
``(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 least the
following elements, in addition to other requirements:
```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--
``(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) 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.
``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 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.''.
<all>
Ethics in Public Service Act
#209 | HR Congress #116
Policy Area: Government Operations and Politics
Last Action: Sponsor introductory remarks on measure. (CR H1320) (1/30/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text