182 
HR 5314 RDS
for a period of 2 years after the date of my appoint-
ment: 
‘‘(A) participate in any particular matter 
on which I lobbied, or engaged in registrable ac-
tivity under FARA, within the 2 years before 
the date of my appointment; 
‘‘(B) participate in the specific issue area 
in which that particular matter falls; or 
‘‘(C) seek or accept employment with any 
executive agency with respect to which I lob-
bied, or engaged in registrable activity under 
FARA, within the 2 years before the date of my 
appointment. 
‘‘(4) Revolving Door Ban; Appointees Leaving 
Government.—If, upon my departure from the Gov-
ernment, I am covered by the post-employment re-
strictions on communicating with employees of my 
former executive agency set forth in section 207(c) 
of title 18, United States Code, and its imple-
menting regulations, I agree that I will abide by 
those restrictions for a period of 2 years following 
the end of my appointment. I will abide by these 
same restrictions with respect to communicating 
with the senior White House staff. 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
183 
HR 5314 RDS
‘‘(5) Revolving Door Ban; Senior and Very Sen-
ior Appointees Leaving Government.— If, upon my 
departure from the Government, I am covered by the 
post-employment restrictions set forth in sections 
207(c) or 207(d) of title 18, United States Code, 
and those sections’ implementing regulations, I 
agree that, in addition, for a period of 1 year fol-
lowing the end of my appointment, I will not materi-
ally assist others in making communications or ap-
pearances that I am prohibited from undertaking 
myself by— 
‘‘(A) holding myself out as being available 
to engage in lobbying activities in support of 
any such communications or appearances; or 
‘‘(B) engaging in any such lobbying activi-
ties. 
‘‘(6) Revolving Door Ban; Appointees Leaving 
Government to Lobby.—In addition to abiding by 
the limitations of paragraph 4, I also agree, upon 
leaving Government service, not to lobby any covered 
executive branch official or non-career Senior Execu-
tive Service appointee, or engage in any activity on 
behalf of any foreign government or foreign political 
party which, were it undertaken on January 20, 
2021, would require that I register under FARA, for 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
184 
HR 5314 RDS
the remainder of the Administration or 2 years fol-
lowing the end of my appointment, whichever is 
later. 
‘‘(7) Golden Parachute Ban.—I have not ac-
cepted and will not accept, including after entering 
Government, any salary or other cash payment from 
my former employer the eligibility for and payment 
of which is limited to individuals accepting a position 
in the United States Government. I also have not ac-
cepted and will not accept any non-cash benefit from 
my former employer that is provided in lieu of such 
a prohibited cash payment. 
‘‘(8) Employment Qualification Commitment.— 
I agree that any hiring or other employment deci-
sions I make will be based on the candidate’s quali-
fications, competence, and experience. 
‘‘(9) Assent to Enforcement.—I acknowledge 
that title XVI of the Protecting Our Democracy Act, 
which I have read before signing this document, de-
fines 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 ad-
dition to any statutory or other legal restrictions ap-
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
185 
HR 5314 RDS
plicable to me by virtue of Federal Government serv-
ice.’’. 
SEC. 1012. DEFINITIONS. 
For purposes of this title and the pledge set forth 
in section 1101 of this title: 
(1) ‘‘Executive agency’’ shall include each ‘‘ex-
ecutive agency’’ as defined by section 105 of title 5, 
United States Code, and shall include the Executive 
Office of the President; provided, however, that ‘‘ex-
ecutive agency’’ shall include the United States 
Postal Service and Postal Regulatory Commission, 
but shall exclude the Government Accountability Of-
fice. 
(2) ‘‘Appointee’’ shall include every full-time, 
non-career Presidential or Vice-Presidential ap-
pointee, non-career appointee in the Senior Execu-
tive Service (or other SES-type system), and ap-
pointee to a position that has been excepted from 
the competitive service by reason of being of a con-
fidential or policymaking character (Schedule C and 
other positions excepted under comparable criteria) 
in an executive agency. It does not include any per-
son appointed as a member of the Senior Foreign 
Service or solely as a uniformed service commis-
sioned officer. 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
186 
HR 5314 RDS
(3) ‘‘Gift’’— 
(A) shall have the definition set forth in 
section 2635.203(b) of title 5, Code of Federal 
Regulations; 
(B) shall include gifts that are solicited or 
accepted indirectly, as defined in section 
2635.203(f) of title 5, Code of Federal Regula-
tions; and 
(C) shall exclude those items excluded by 
sections 2635.204(b), (c), (e)(1) and (3), and 
(j) through (l) of title 5, Code of Federal Regu-
lations. 
(4) ‘‘Covered executive branch official’’ and 
‘‘lobbyist’’ shall have the definitions set forth in sec-
tion 1602 of title 2, United States Code. 
(5) ‘‘Registered lobbyist or lobbying organiza-
tion’’ shall mean a lobbyist or an organization filing 
a registration pursuant to section 1603(a) of title 2, 
United States Code, and in the case of an organiza-
tion filing such a registration, ‘‘registered lobbyist’’ 
shall include each of the lobbyists identified therein. 
(6) ‘‘Lobby’’ and ‘‘lobbied’’ shall mean to act or 
have acted as a registered lobbyist. 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
187 
HR 5314 RDS
(7) ‘‘Lobbying activities’’ shall have the defini-
tion set forth in section 1602 of title 2, United 
States Code. 
(8) ‘‘Materially assist’’ means to provide sub-
stantive assistance but does not include providing 
background or general education on a matter of law 
or policy based upon an individual’s subject matter 
expertise, nor any conduct or assistance permitted 
under section 207(j) of title 18, United States Code. 
(9) ‘‘Particular matter’’ shall have the same 
meaning as set forth in section 207 of title 18, 
United States Code, and section 2635.402(b)(3) of 
title 5, Code of Federal Regulations. 
(10) ‘‘Particular matter involving specific par-
ties’’ shall have the same meaning as set forth in 
section 2641.201(h) of title 5, Code of Federal Reg-
ulations, except that it shall also include any meet-
ing or other communication relating to the perform-
ance 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. 
(11) ‘‘Former employer’’ is any person for 
whom the appointee has within the 2 years prior to 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
188 
HR 5314 RDS
the date of his or her appointment served as an em-
ployee, officer, director, trustee, or general partner, 
except that ‘‘former employer’’ does not include any 
executive agency or other entity of the Federal Gov-
ernment, State or local government, the District of 
Columbia, Native American tribe, any United States 
territory or possession, or any international organi-
zation in which the United States is a member state. 
(12) ‘‘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 speeches or 
similar appearances. It does not include clients of 
the appointee’s former employer to whom the ap-
pointee did not personally provide services. 
(13) ‘‘Directly and substantially related to my 
former employer or former clients’’ shall mean mat-
ters in which the appointee’s former employer or a 
former client is a party or represents a party. 
(14) ‘‘Participate’’ means to participate person-
ally and substantially. 
(15) ‘‘Government official’’ means any employee 
of the executive branch. 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
189 
HR 5314 RDS
(16) ‘‘Administration’’ means all terms of office 
of the incumbent President serving at the time of 
the appointment of an appointee covered by this 
title. 
(17) ‘‘Pledge’’ means the ethics pledge set forth 
in section 1011 of this title. 
(18) ‘‘Senior White House staff’’ means any 
person appointed by the President to a position 
under sections 105(a)(2)(A) or (B) of title 3, United 
States Code, or by the Vice President to a position 
under sections 106(a)(1)(A) or (B) of title 3. 
(19) All references to provisions of law and reg-
ulations shall refer to such provisions as are in effect 
on January 20, 2021. 
SEC. 1013. WAIVER. 
(a) The Director of the Office of Management and 
Budget (OMB), 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 of OMB certifies in writing— 
(1) that the literal application of the restriction 
is inconsistent with the purposes of the restriction; 
or 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
190 
HR 5314 RDS
(2) that it is in the public interest to grant the 
waiver. Any such written waiver should reflect the 
basis for the waiver and, in the case of a waiver of 
the restrictions set forth in paragraphs (3)(B) and 
(C) of the pledge, a discussion of the findings with 
respect to the factors set forth in subsection (b) of 
this section. 
(b) A waiver shall take effect when the certification 
is signed by the Director of OMB and shall be made public 
within 10 days thereafter. 
(c) The public interest shall include, but not be lim-
ited to, exigent circumstances relating to national security, 
the economy, public health, or the environment. In deter-
mining whether it is in the public interest to grant a waiv-
er of the restrictions contained in paragraphs (3)(B) and 
(C) of the pledge, the responsible official may consider the 
following factors— 
(1) the government’s need for the individual’s 
services, including the existence of special cir-
cumstances related to national security, the econ-
omy, public health, or the environment; 
(2) the uniqueness of the individual’s qualifica-
tions to meet the government’s needs; 
(3) the scope and nature of the individual’s 
prior lobbying activities, including whether such ac-
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
191 
HR 5314 RDS
tivities were de minimis or rendered on behalf of a 
nonprofit organization; and 
(4) the extent to which the purposes of the re-
striction may be satisfied through other limitations 
on the individual’s services, such as those required 
by paragraph (3)(A) of the pledge. 
SEC. 1014. ADMINISTRATION. 
(a) The head of every 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 other-
wise 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 
addressed in ethics agreements with appointees or, 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
192 
HR 5314 RDS
where no such agreements are required, through eth-
ics counseling; and 
(4) that the agency generally complies with this 
title. 
(b) With respect to the Executive Office of the Presi-
dent, 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, as-
sist designated agency ethics officers in providing 
advice to current or former appointees regarding the 
application of the pledge; and 
(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 foregoing responsibil-
ities; 
(B) to authorize limited exceptions to the 
lobbyist gift ban for circumstances that do not 
implicate the purposes of the ban; 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
193 
HR 5314 RDS
(C) 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 2635.206 of title 5, Code of Federal Regu-
lations; 
(D) to ensure that existing rules and pro-
cedures for Government employees engaged in 
negotiations for future employment with private 
businesses that are affected by the employees’ 
official actions do not affect the integrity of the 
Government’s programs and operations; and 
(E) to ensure, in consultation with the Di-
rector 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 OMB, 
report to the President on whether full compliance 
is being achieved with existing laws and regulations 
governing executive branch procurement lobbying 
disclosure. This report shall include recommenda-
tions on steps the executive branch can take to ex-
pand, to the fullest extent practicable, disclosure of 
both executive branch procurement lobbying and of 
lobbying for Presidential pardons. These rec-
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
194 
HR 5314 RDS
ommendations shall include both immediate actions 
the executive branch can take and, if necessary, rec-
ommendations 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. This report shall 
include both immediate actions the executive branch can 
take and, if necessary, recommendations for legislation. 
(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. 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
195 
HR 5314 RDS
SEC. 1015. ENFORCEMENT. 
(a) The contractual, fiduciary, and ethical commit-
ments in the pledge provided for herein are solely enforce-
able by the United States pursuant to this section by any 
legally available means, including debarment proceedings 
within any affected executive agency or judicial civil pro-
ceedings for declaratory, 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 (but not be limited 
to) 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) of 
this section. 
(c) 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 investiga-
tive authority to conduct such investigations as may 
be appropriate; and 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
196 
HR 5314 RDS
(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 em-
ployee in any United States District Court with ju-
risdiction 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 but not limited to: 
(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; 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 pay-
able to, the former employee arising out of any 
breach or attempted breach of the pledge signed by 
the former employee. 
SEC. 1016. GENERAL PROVISIONS. 
(a) If any provision of this title or the application 
of such provision is held to be invalid, the remainder of 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
197 
HR 5314 RDS
this title and other dissimilar applications of such provi-
sion shall not be affected. 
(b) Nothing in this title shall be construed to impair 
or otherwise affect— 
(1) the authority granted by law to an executive 
department or agency, or the head thereof; or 
(2) the functions of the Director of the Office 
of Management and Budget relating to budgetary, 
administrative, or legislative proposals. 
(c) This title shall be implemented consistent with ap-
plicable law and subject to the availability of appropria-
tions. 
(d) This title is not intended to, and does not, create 
any right or benefit, substantive or procedural, enforceable 
at law or in equity by any party against the United States, 
its departments, agencies, or entities, its officers, employ-
ees, or agents, or any other person. 
TITLE 
XI—PROMOTING 
EFFI-
CIENT PRESIDENTIAL TRAN-
SITIONS 
SEC. 1101. SHORT TITLE. 
This title may be cited as the ‘‘Efficient Transition 
Act of 2021’’. 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS
198 
HR 5314 RDS
SEC. 1102. ASCERTAINMENT OF SUCCESSFUL CANDIDATES 
IN GENERAL ELECTIONS FOR PURPOSES OF 
PRESIDENTIAL TRANSITION. 
(a) IN GENERAL.—Section 3(c) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) is amended— 
(1) by striking ‘‘The terms’’ and inserting ‘‘(1) 
The terms’’; and 
(2) by adding at the end the following: 
‘‘(2) The Administrator shall make the ascertainment 
under paragraph (1) as soon as practicable after the gen-
eral elections. 
‘‘(3) If the Administrator does not make such ascer-
tainment within 5 days after such elections, each eligible 
candidate for President and Vice President shall be treat-
ed as if they are the apparent successful candidate for pur-
poses of this Act until the Administrator makes the ascer-
tainment or until the House of Representatives and the 
Senate certify the results of the elections, whichever occurs 
first.’’. 
(b) REGULATIONS.—Not later than 270 days after 
the date of enactment of this Act, the Administrator of 
General Services shall promulgate regulations that estab-
lish standards and procedures to be followed by the Ad-
ministrator in making any future determination regarding 
ascertainment under section 3(c) of the Presidential Tran-
sition Act of 1963, as amended by subsection (a). 
VerDate Sep 11 2014 
20:49 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H5314.RDS
H5314
pbinns on DSKJLVW7X2PROD with BILLS