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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ETHICS PLEDGE REQUIREMENT FOR SENIOR 

4 EXECUTIVE BRANCH EMPLOYEES. 

5 The Ethics in Government Act of 1978 (5 U.S.C. 

6 App. 101 et seq.) is amended by inserting after title I the 

7 following new title: 


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1 ‘‘TITLE II—ETHICS PLEDGE 

2 ‘‘SEC. 201. DEFINITIONS. 

3 ‘‘For the purposes of this title, the following defini4 tions apply: 

5 ‘‘(1) The term ‘executive agency’ has the mean6 ing given that term in section 105 of title 5, United 

7 States Code, and includes the Executive Office of 

8 the President, the United States Postal Service, and 

9 Postal Regulatory Commission, but does not include 

10 the Government Accountability Office. 

11 ‘‘(2) The term ‘appointee’ means any full-time, 

12 non-career Presidential or Vice-Presidential ap13 pointee, noncareer appointee in the Senior Executive 

14 Service (or other SES-type system), or appointee to 

15 a position that has been excepted from the competi16 tive service by reason of being of a confidential or 

17 policymaking character (Schedule C and other posi18 tions excepted under comparable criteria) in an exec19 utive agency, but does not include any individual ap20 pointed as a member of the Senior Foreign Service 

21 or solely as a uniformed service commissioned offi22 cer. 

23 ‘‘(3) The term ‘gift’— 


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1 ‘‘(A) has the meaning given that term in 

2 section 2635.203(b) of title 5, Code of Federal 

3 Regulations; 

4 ‘‘(B) includes gifts that are solicited or ac5 cepted indirectly as defined at section 

6 2635.203(f) of such title; and 

7 ‘‘(C) does not include those items excluded 

8 by sections 2635.204(b), (c), (e)(1)–(3) and 

9 (j)–(l) of such title. 

10 ‘‘(4) The term ‘covered executive branch offi11 cial’ and ‘lobbyist’ have the meanings given those 

12 terms in section 3 of the Lobbying Disclosure Act of 

13 1995 (2 U.S.C. 1602). 

14 ‘‘(5) The term ‘registered lobbyist or lobbying 

15 organization’ means a lobbyist or an organization fil16 ing a registration pursuant to section 4(a) of the 

17 Lobbying Disclosure Act of 1995 (2 U.S.C. 

18 1603(a)), and in the case of an organization filing 

19 such a registration, ‘registered lobbyist’ includes 

20 each of the lobbyists identified therein. 

21 ‘‘(6) The term ‘lobby’ and ‘lobbied’ mean to act 

22 or have acted as a registered lobbyist. 

23 ‘‘(7) The term ‘particular matter’ has the 

24 meaning given that term in section 207 of title 18, 


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1 United States Code, and section 2635.402(b)(3) of 

2 title 5, Code of Federal Regulations. 

3 ‘‘(8) The term ‘particular matter involving spe4 cific parties’ has the meaning set forth in section 

5 2641.201(h) of title 5, Code of Federal Regulations, 

6 except that it shall include any meeting or other 

7 communication relating to the performance of one’s 

8 official duties with a former employer or former cli9 ent, unless the communication applies to a particular 

10 matter of general applicability and participation in 

11 the meeting or other event is open to all interested 

12 parties. 

13 ‘‘(9) 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 part17 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 ‘‘(10) The term ‘former client’ is any person for 

23 whom the appointee served personally as agent, at24 torney, or consultant within the 2 years prior to the 

25 date of his or her appointment, but excluding inVerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523

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1 stances where the service provided was limited to a 

2 speech or similar appearance. It does not include cli3 ents of the appointee’s former employer to whom the 

4 appointee did not personally provide services. 

5 ‘‘(11) The term ‘directly and substantially re6 lated to my former employer or former clients’ 

7 means matters in which the appointee’s former em8 ployer or a former client is a party or represents a 

9 party. 

10 ‘‘(12) The term ‘participate’ means to partici11 pate personally and substantially. 

12 ‘‘(13) The term ‘post-employment restrictions’ 

13 includes the provisions and exceptions in section 

14 207(c) of title 18, United States Code, and the im15 plementing regulations. 

16 ‘‘(14) The term ‘Government official’ means 

17 any employee of the executive branch. 

18 ‘‘(15) 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 ‘‘(16) The term ‘pledge’ means the ethics 

23 pledge set forth in section 202 of this title. 


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1 ‘‘(17) All references to provisions of law and 

2 regulations shall refer to such provisions as in effect 

3 on the date of enactment of this title. 

4 ‘‘SEC. 202. ETHICS PLEDGE. 

5 ‘‘Each appointee in every executive agency appointed 

6 on or after the date of enactment of this section shall sign, 

7 and upon signing shall be contractually committed to, the 

8 following pledge upon becoming an appointee: 

9 ‘‘ ‘As a condition, and in consideration, of my employ10 ment in the United States Government in a position in11 vested with the public trust, I commit myself to the fol12 lowing obligations, which I understand are binding on me 

13 and are enforceable under law: 

14 ‘‘ ‘(1) Lobbyist Gift Ban. I will not accept gifts 

15 from registered lobbyists or lobbying organizations 

16 for the duration of my service as an appointee. 

17 ‘‘ ‘(2) Revolving Door Ban—All Appointees En18 tering Government. I will not for a period of 2 years 

19 from the date of my appointment participate in any 

20 particular matter involving specific parties that is di21 rectly and substantially related to my former em22 ployer or former clients, including regulations and 

23 contracts. 

24 ‘‘ ‘(3) Revolving Door Ban—Lobbyists Entering 

25 Government. If I was a registered lobbyist within the 


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1 2 years before the date of my appointment, in addi2 tion to abiding by the limitations of paragraph 2, I 

3 will not for a period of 2 years after the date of my 

4 appointment: 

5 ‘‘ ‘(A) participate in any particular matter 

6 on which I lobbied within the 2 years before the 

7 date of my appointment; 

8 ‘‘ ‘(B) participate in the specific issue area 

9 in which that particular matter falls; or 

10 ‘‘ ‘(C) seek or accept employment with any 

11 executive agency that I lobbied within the 2 

12 years before the date of my appointment. 

13 ‘‘ ‘(4) Revolving Door Ban—Appointees Leaving 

14 Government. If, upon my departure from the Gov15 ernment, I am covered by the post-employment re16 strictions on communicating with employees of my 

17 former executive agency set forth in section 207(c) 

18 of title 18, United States Code, I agree that I will 

19 abide by those restrictions for a period of 2 years 

20 following the end of my appointment. 

21 ‘‘ ‘(5) Revolving Door Ban—Appointees Leaving 

22 Government to Lobby. In addition to abiding by the 

23 limitations of paragraph 4, I also agree, upon leav24 ing Government service, not to lobby any covered ex25 ecutive branch official or non-career Senior ExecuVerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1523.IH H1523

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1 tive Service appointee for the remainder of the Ad2 ministration. 

3 ‘‘ ‘(6) Employment Qualification Commitment. I 

4 agree that any hiring or other employment decisions 

5 I make will be based on the candidate’s qualifica6 tions, competence, and experience. 

7 ‘‘ ‘(7) Assent to Enforcement. I acknowledge that 

8 title II of the Ethics in Government Act of 1978, 

9 which I have read before signing this document, de10 fines certain of the terms applicable to the foregoing 

11 obligations and sets forth the methods for enforcing 

12 them. I expressly accept the provisions of that title 

13 as a part of this agreement and as binding on me. 

14 I understand that the terms of this pledge are in ad15 dition to any statutory or other legal restrictions ap16 plicable to me by virtue of Federal Government serv17 ice.’. 

18 ‘‘SEC. 203. WAIVER. 

19 ‘‘(a) The Director of the Office of Management and 

20 Budget, in consultation with the Counsel to the President, 

21 may grant to any current or former appointee a written 

22 waiver of any restrictions contained in the pledge signed 

23 by such appointee if, and to the extent that, the Director 

24 certifies (in writing) that— 


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1 ‘‘(1) the literal application of the restriction is 

2 inconsistent with the purposes of the restriction; or 

3 ‘‘(2) it is in the public interest to grant the 

4 waiver. 

5 ‘‘(b) Any waiver under this section shall take effect 

6 when the certification is signed by the Director. 

7 ‘‘(c) For purposes of subsection (a)(2), the public in8 terest shall include exigent circumstances relating to na9 tional security or to the economy. De minimis contact with 

10 an executive agency shall be cause for a waiver of the re11 strictions contained in paragraph 3 of the pledge. 

12 ‘‘SEC. 204. ADMINISTRATION. 

13 ‘‘(a) The head of each executive agency shall, in con14 sultation with the Director of the Office of Government 

15 Ethics, establish such rules or procedures (conforming as 

16 nearly as practicable to the agency’s general ethics rules 

17 and procedures, including those relating to designated 

18 agency ethics officers) as are necessary or appropriate to 

19 ensure— 

20 ‘‘(1) that every appointee in the agency signs 

21 the pledge upon assuming the appointed office or 

22 otherwise becoming an appointee; 

23 ‘‘(2) that compliance with paragraph 3 of the 

24 pledge is addressed in a written ethics agreement 

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1 ment shall also be approved by the Counsel to the 

2 President prior to the appointee commencing work; 

3 ‘‘(3) that spousal employment issues and other 

4 conflicts not expressly addressed by the pledge are 

5 addressed in ethics agreements with appointees or, 

6 where no such agreements are required, through eth7 ics counseling; and 

8 ‘‘(4) compliance with this title within the agen9 cy. 

10 ‘‘(b) With respect to the Executive Office of the 

11 President, the duties set forth in subsection (a) shall be 

12 the responsibility of the Counsel to the President. 

13 ‘‘(c) The Director of the Office of Government Ethics 

14 shall— 

15 ‘‘(1) ensure that the pledge and a copy of this 

16 title are made available for use by agencies in ful17 filling their duties under subsection (a); 

18 ‘‘(2) in consultation with the Attorney General 

19 or the Counsel to the President, when appropriate, 

20 assist designated agency ethics officers in providing 

21 advice to current or former appointees regarding the 

22 application of the pledge; and 

23 ‘‘(3) in consultation with the Attorney General 

24 and the Counsel to the President, adopt such rules 

25 or procedures as are necessary or appropriate— 


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1 ‘‘(A) to carry out the responsibilities as2 signed by this subsection; 

3 ‘‘(B) to apply the lobbyist gift ban set 

4 forth in paragraph 1 of the pledge to all execu5 tive branch employees; 

6 ‘‘(C) to authorize limited exceptions to the 

7 lobbyist gift ban for circumstances that do not 

8 implicate the purposes of the ban; 

9 ‘‘(D) to make clear that no person shall 

10 have violated the lobbyist gift ban if the person 

11 properly disposes of a gift as provided by sec12 tion 2635.205 of title 5, Code of Federal Regu13 lations; 

14 ‘‘(E) to ensure that existing rules and pro15 cedures for Government employees engaged in 

16 negotiations for future employment with private 

17 businesses that are affected by their official ac18 tions do not affect the integrity of the Govern19 ment’s programs and operations; and 

20 ‘‘(F) to ensure, in consultation with the 

21 Director of the Office of Personnel Manage22 ment, that the requirement set forth in para23 graph 6 of the pledge is honored by every em24 ployee of the executive branch; 


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1 ‘‘(4) in consultation with the Director of the 

2 Office of Management and Budget, report to the 

3 President on whether full compliance is being 

4 achieved with existing laws and regulations gov5 erning executive branch procurement lobbying disclo6 sure and on steps the executive branch can take to 

7 expand to the fullest extent practicable disclosure of 

8 such executive branch procurement lobbying and of 

9 lobbying for presidential pardons, and to include in 

10 the report both immediate action the executive 

11 branch can take and, if necessary, recommendations 

12 for legislation; and 

13 ‘‘(5) provide an annual public report on the ad14 ministration of the pledge and this title. 

15 ‘‘(d) The Director of the Office of Government Ethics 

16 shall, in consultation with the Attorney General, the Coun17 sel to the President, and the Director of the Office of Per18 sonnel Management, report to the President on steps the 

19 executive branch can take to expand to the fullest extent 

20 practicable the revolving door ban set forth in paragraph 

21 5 of the pledge to all executive branch employees who are 

22 involved in the procurement process such that they may 

23 not for 2 years after leaving Government service lobby any 

24 Government official regarding a Government contract that 

25 was under their official responsibility in the last 2 years 


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1 of their Government service, and to include in the report 

2 both immediate action the executive branch can take and, 

3 if necessary, recommendations for legislation. 

4 ‘‘(e) All pledges signed by appointees, and all waiver 

5 certifications with respect thereto, shall be filed with the 

6 head of the appointee’s agency for permanent retention 

7 in the appointee’s official personnel folder or equivalent 

8 folder. 

9 ‘‘SEC. 205. ENFORCEMENT. 

10 ‘‘(a) The contractual, fiduciary, and ethical commit11 ments in the pledge are solely enforceable by the United 

12 States pursuant to this section by any legally available 

13 means, including debarment proceedings within any af14 fected executive agency or judicial civil proceedings for de15 claratory, injunctive, or monetary relief. 

16 ‘‘(b) Any former appointee who is determined, after 

17 notice and hearing, by the duly designated authority with18 in any agency, to have violated his or her pledge may be 

19 barred from lobbying any officer or employee of that agen20 cy for up to 5 years in addition to the time period covered 

21 by the pledge. The head of every executive agency shall, 

22 in consultation with the Director of the Office of Govern23 ment Ethics, establish procedures to implement this sub24 section, which procedures shall include providing for fact25 finding and investigation of possible violations of this title 


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1 and for referrals to the Attorney General for consideration 

2 pursuant to subsection (c). 

3 ‘‘(c) The Attorney General is authorized— 

4 ‘‘(1) upon receiving information regarding the 

5 possible breach of any commitment in a signed 

6 pledge, to request any appropriate Federal investiga7 tive authority to conduct such investigations as may 

8 be appropriate; and 

9 ‘‘(2) upon determining that there is a reason10 able basis to believe that a breach of a commitment 

11 has occurred or will occur or continue, if not en12 joined, to commence a civil action against the former 

13 employee in any United States District Court with 

14 jurisdiction to consider the matter. 

15 ‘‘(d) In any such civil action, the Attorney General 

16 is authorized to request any and all relief authorized by 

17 law, including— 

18 ‘‘(1) such temporary restraining orders and pre19 liminary and permanent injunctions as may be ap20 propriate to restrain future, recurring, or continuing 

21 conduct by the former employee in breach of the 

22 commitments in the pledge he or she signed under 

23 this title; and 

24 ‘‘(2) establishment of a constructive trust for 

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1 counting and payment to the United States Treas2 ury of all money and other things of value received 

3 by, or payable to, the former employee arising out 

4 of any breach or attempted breach of such pledge.’’. 

Æ 


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