I 
117TH CONGRESS 
1ST SESSION 
H. R. 752 
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 
FEBRUARY 3, 2021 
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-
tives of the United States of America in Congress assembled, 
SECTION 1. 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: 
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‘‘TITLE II—ETHICS PLEDGE 
‘‘SEC. 201. DEFINITIONS. 
‘‘For the purposes of this title, the following defini-
tions apply: 
‘‘(1) The term ‘executive agency’ has the mean-
ing 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 ap-
pointee, noncareer appointee in the Senior Executive 
Service (or other SES-type system), or appointee to 
a position that has been excepted from the competi-
tive service by reason of being of a confidential or 
policymaking character (Schedule C and other posi-
tions excepted under comparable criteria) in an exec-
utive agency, but does not include any individual ap-
pointed as a member of the Senior Foreign Service 
or solely as a uniformed service commissioned offi-
cer. 
‘‘(3) The term ‘gift’— 
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‘‘(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 ac-
cepted 
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 offi-
cial’ 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 fil-
ing 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, 
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United States Code, and section 2635.402(b)(3) of 
title 5, Code of Federal Regulations. 
‘‘(8) The term ‘particular matter involving spe-
cific 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 cli-
ent, 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 part-
ner, 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, at-
torney, or consultant within the 2 years prior to the 
date of his or her appointment, but excluding in-
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stances where the service provided was limited to a 
speech or similar appearance. It does not include cli-
ents of the appointee’s former employer to whom the 
appointee did not personally provide services. 
‘‘(11) The term ‘directly and substantially re-
lated to my former employer or former clients’ 
means matters in which the appointee’s former em-
ployer or a former client is a party or represents a 
party. 
‘‘(12) The term ‘participate’ means to partici-
pate personally and substantially. 
‘‘(13) The term ‘post-employment restrictions’ 
includes the provisions and exceptions in section 
207(c) of title 18, United States Code, and the im-
plementing 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 title. 
‘‘(16) The term ‘pledge’ means the ethics 
pledge set forth in section 202 of this title. 
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‘‘(17) 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 sign, 
and upon signing shall be contractually committed to, the 
following pledge upon becoming an appointee: 
‘‘ ‘As a condition, and in consideration, of my employ-
ment 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 bind-
ing on me and are enforceable under law: 
‘‘ ‘(1) I will not, within 5 years after the termi-
nation of my employment as an appointee in any ex-
ecutive agency in which I am appointed to serve, en-
gage in lobbying activities with respect to that agen-
cy. 
‘‘ ‘(2) If, upon my departure from the Govern-
ment, I am covered by the post-employment restric-
tions 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. 
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‘‘ ‘(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 activi-
ties with respect to any covered executive branch of-
ficial or noncareer Senior Executive Service ap-
pointee for the remainder of the Administration. 
‘‘ ‘(4) I will not, at any time after the termi-
nation of my employment in the United States Gov-
ernment, engage in any activity on behalf of any for-
eign government or foreign political party which, 
were it undertaken on January 20, 2017, would re-
quire me to register under the Foreign Agents Reg-
istration Act of 1938, as amended. 
‘‘ ‘(5) I will not accept gifts from registered lob-
byists 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 addi-
tion to abiding by the limitations of paragraph 6, I 
will not for a period of 2 years after the date of my 
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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 employ-
ment decisions I make will be based on the can-
didate’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 Govern-
ment service.’. 
‘‘SEC. 203. WAIVER. 
‘‘(a) 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. 
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‘‘(b) Any waiver under this section shall take effect 
when the certification is signed by the Director. 
‘‘(c) For purposes of subsection (a)(2), the public in-
terest shall include exigent circumstances relating to na-
tional security or to the economy. De minimis contact with 
an executive agency shall be cause for a waiver of the re-
strictions contained in paragraph 3 of the pledge. 
‘‘SEC. 204. ADMINISTRATION. 
‘‘(a) The head of each executive agency shall, in con-
sultation 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 agree-
ment 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 
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addressed in ethics agreements with appointees or, 
where no such agreements are required, through eth-
ics counseling; and 
‘‘(4) compliance with this title within the agen-
cy. 
‘‘(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 ful-
filling 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 as-
signed by this subsection; 
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‘‘(B) to apply the lobbyist gift ban set 
forth in paragraph 1 of the pledge to all execu-
tive 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 sec-
tion 2635.205 of title 5, Code of Federal Regu-
lations; 
‘‘(E) to ensure that existing rules and pro-
cedures for Government employees engaged in 
negotiations for future employment with private 
businesses that are affected by their official ac-
tions do not affect the integrity of the Govern-
ment’s programs and operations; and 
‘‘(F) to ensure, in consultation with the 
Director of the Office of Personnel Manage-
ment, that the requirement set forth in para-
graph 6 of the pledge is honored by every em-
ployee 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 
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achieved with existing laws and regulations gov-
erning executive branch procurement lobbying disclo-
sure 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 ad-
ministration of the pledge and this title. 
‘‘(d) The Director of the Office of Government Ethics 
shall, in consultation with the Attorney General, the Coun-
sel to the President, and the Director of the Office of Per-
sonnel 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. 
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‘‘(e) 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. 205. ENFORCEMENT. 
‘‘(a) The contractual, fiduciary, and ethical commit-
ments in the pledge are solely enforceable by the United 
States pursuant to this section by any legally available 
means, including debarment proceedings within any af-
fected executive agency or judicial civil proceedings for de-
claratory, injunctive, or monetary relief. 
‘‘(b) Any former appointee who is determined, after 
notice and hearing, by the duly designated authority with-
in any agency, to have violated his or her pledge may be 
barred from lobbying any officer or employee of that agen-
cy 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 Govern-
ment Ethics, establish procedures to implement this sub-
section, which procedures shall include providing for fact- 
finding and investigation of possible violations of this title 
and for referrals to the Attorney General for consideration 
pursuant to subsection (c). 
‘‘(c) The Attorney General is authorized— 
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‘‘(1) upon receiving information regarding the 
possible breach of any commitment in a signed 
pledge, to request any appropriate Federal investiga-
tive authority to conduct such investigations as may 
be appropriate; and 
‘‘(2) upon determining that there is a reason-
able basis to believe that a breach of a commitment 
has occurred or will occur or continue, if not en-
joined, to commence a civil action against the former 
employee in any United States District Court with 
jurisdiction to consider the matter. 
‘‘(d) 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 pre-
liminary and permanent injunctions as may be ap-
propriate 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 title; and 
‘‘(2) establishment of a constructive trust for 
the benefit of the United States, requiring an ac-
counting and payment to the United States Treas-
ury of all money and other things of value received 
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by, or payable to, the former employee arising out 
of any breach or attempted breach of such pledge.’’. 
Æ 
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