743 
regulations that are (or would 
be) administered by the agency in 
which the covered individual has 
been nominated for appointment 
to a covered position or is serving 
in a covered position; or 
‘‘(ii) that is— 
‘‘(I) solicited in writing by or on be-
half of a covered individual; and 
‘‘(II) made— 
‘‘(aa) by an individual or entity 
the activities of which are subject to 
Federal laws or regulations that are 
(or would be) administered by the 
agency in which the covered individual 
has been nominated for appointment 
to a covered position or is serving in 
a covered position; and 
‘‘(bb) to— 
‘‘(AA) a political organiza-
tion, as defined in section 527 of 
the Internal Revenue Code of 
1986; or 
‘‘(BB) an organization that 
is described in paragraph (4) or 
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(6) of section 501(c) of the Inter-
nal Revenue Code of 1986 and 
exempt from tax under section 
501(a) of such Code; and 
‘‘(B) that is made to an organization de-
scribed in item (aa) or (bb) of clause (i)(II) or 
clause (ii)(II)(bb) of subparagraph (A) for 
which the total amount of such payments, ad-
vances, forbearances, renderings, or deposits of 
money, or any thing of value, during the cal-
endar year in which it is made is not less than 
the contribution limitation in effect under sec-
tion 315(a)(1)(A) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 
for elections occurring during such calendar 
year; 
‘‘(3) ‘covered individual’ means an individual 
who has been nominated or appointed to a covered 
position; and 
‘‘(4) ‘covered position’— 
‘‘(A) means— 
‘‘(i) a position described under sec-
tions 5312 through 5316 of title 5, United 
States Code; 
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‘‘(ii) a position placed in level IV or V 
of the Executive Schedule under section 
5317 of title 5, United States Code; 
‘‘(iii) a position as a limited term ap-
pointee, limited emergency appointee, or 
noncareer appointee in the Senior Execu-
tive Service, as defined under paragraphs 
(5), (6), and (7), respectively, of section 
3132(a) of title 5, United States Code; and 
‘‘(iv) a position in the executive 
branch of the Government of a confidential 
or 
policy-determining 
character 
under 
schedule C of subpart C of part 213 of 
title 5 of the Code of Federal Regulations; 
and 
‘‘(B) does not include a position if the in-
dividual serving in the position has been ex-
cluded 
from 
the 
application 
of 
section 
101(f)(5);’’. 
(b) DISCLOSURE REQUIREMENTS.—The Ethics in 
Government Act of 1978 (5 U.S.C. App.) is amended— 
(1) in section 101— 
(A) in subsection (a)— 
(i) by inserting ‘‘(1)’’ before ‘‘With-
in’’; 
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(ii) by striking ‘‘unless’’ and inserting 
‘‘and, if the individual is assuming a cov-
ered position, the information described in 
section 102(j), except that, subject to para-
graph (2), the individual shall not be re-
quired to file a report if’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(2) If an individual has left a position described in 
subsection (f) that is not a covered position and, within 
30 days, assumes a position that is a covered position, the 
individual shall, within 30 days of assuming the covered 
position, file a report containing the information described 
in section 102(j)(2)(A).’’; 
(B) in subsection (b)(1), in the first sen-
tence, by inserting ‘‘and the information re-
quired by section 102(j)’’ after ‘‘described in 
section 102(b)’’; 
(C) in subsection (d), by inserting ‘‘and, if 
the individual is serving in a covered position, 
the 
information 
required 
by 
section 
102(j)(2)(A)’’ 
after 
‘‘described 
in 
section 
102(a)’’; and 
(D) in subsection (e), by inserting ‘‘and, if 
the individual was serving in a covered position, 
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the 
information 
required 
by 
section 
102(j)(2)(A)’’ 
after 
‘‘described 
in 
section 
102(a)’’; and 
(2) in section 102— 
(A) in subsection (g), by striking ‘‘Political 
campaign funds’’ and inserting ‘‘Except as pro-
vided in subsection (j), political campaign 
funds’’; and 
(B) by adding at the end the following: 
‘‘(j)(1) In this subsection— 
‘‘(A) the term ‘applicable period’ means— 
‘‘(i) with respect to a report filed pursuant 
to subsection (a) or (b) of section 101, the year 
of filing and the 4 calendar years preceding the 
year of the filing; and 
‘‘(ii) with respect to a report filed pursuant 
to subsection (d) or (e) of section 101, the pre-
ceding calendar year; and 
‘‘(B) the term ‘covered gift’ means a gift that— 
‘‘(i) is made to a covered individual, the 
spouse of a covered individual, or the dependent 
child of a covered individual; 
‘‘(ii) is made by an entity described in item 
(aa) or (bb) of section 109(2)(A)(i)(II); and 
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‘‘(iii) would have been required to be re-
ported under subsection (a)(2) if the covered in-
dividual had been required to file a report 
under section 101(d) with respect to the cal-
endar year during which the gift was made. 
‘‘(2)(A) A report filed pursuant to subsection (a), (b), 
(d), or (e) of section 101 by a covered individual shall in-
clude, for each covered contribution during the applicable 
period— 
‘‘(i) the date on which the covered contribution 
was made; 
‘‘(ii) if applicable, the date or dates on which 
the covered contribution was solicited; 
‘‘(iii) the value of the covered contribution; 
‘‘(iv) the name of the person making the cov-
ered contribution; and 
‘‘(v) the name of the person receiving the cov-
ered contribution. 
‘‘(B)(i) Subject to clause (ii), a covered contribution 
made by or on behalf of, or that was solicited in writing 
by or on behalf of, a covered individual shall constitute 
a conflict of interest, or an appearance thereof, with re-
spect to the official duties of the covered individual. 
‘‘(ii) The Director of the Office of Government Ethics 
may exempt a covered contribution from the application 
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of clause (i) if the Director determines the circumstances 
of the solicitation and making of the covered contribution 
do not present a risk of a conflict of interest and the ex-
emption of the covered contribution would not affect ad-
versely the integrity of the Government or the public’s con-
fidence in the integrity of the Government. 
‘‘(3) A report filed pursuant to subsection (a) or (b) 
of section 101 by a covered individual shall include the 
information described in subsection (a)(2) with respect to 
each covered gift received during the applicable period.’’. 
(c) PROVISION OF REPORTS AND ETHICS AGREE-
MENTS TO CONGRESS.—Section 105 of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.) is amended by add-
ing at the end the following: 
‘‘(e) Not later than 30 days after receiving a written 
request from the Chairman or Ranking Member of a com-
mittee or subcommittee of either House of Congress, the 
Director of the Office of Government Ethics shall provide 
to the Chairman and Ranking Member each report filed 
under this title by the covered individual and any ethics 
agreement entered into between the agency and the cov-
ered individual.’’. 
(d) RULES ON ETHICS AGREEMENTS.—The Director 
of the Office of Government Ethics shall promptly issue 
rules regarding how an agency in the executive branch 
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shall address information required to be disclosed under 
the amendments made by this subtitle in drafting ethics 
agreements between the agency and individuals appointed 
to positions in the agency. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended— 
(A) in section 101(f)— 
(i) in paragraph (9), by striking ‘‘sec-
tion 109(12)’’ and inserting ‘‘section 
109(15)’’; 
(ii) in paragraph (10), by striking 
‘‘section 109(13)’’ and inserting ‘‘section 
109(16)’’; 
(iii) in paragraph (11), by striking 
‘‘section 109(10)’’ and inserting ‘‘section 
109(13)’’; and 
(iv) in paragraph (12), by striking 
‘‘section 109(8)’’ and inserting ‘‘section 
109(11)’’; 
(B) in section 103(l)— 
(i) in paragraph (9), by striking ‘‘sec-
tion 109(12)’’ and inserting ‘‘section 
109(15)’’; and 
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(ii) in paragraph (10), by striking 
‘‘section 109(13)’’ and inserting ‘‘section 
109(16)’’; and 
(C) in section 105(b)(3)(A), by striking 
‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec-
tion 109(11) or 109(13)’’. 
(2) Section 3(4)(D) of the Lobbying Disclosure 
Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by 
striking ‘‘section 109(13)’’ and inserting ‘‘section 
109(16)’’. 
(3) Section 21A of the Securities Exchange Act 
of 1934 (15 U.S.C. 78u–1) is amended— 
(A) in subsection (g)(2)(B)(ii), by striking 
‘‘section 109(11) of the Ethics in Government 
Act of 1978 (5 U.S.C. App. 109(11)))’’ and in-
serting ‘‘section 109 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.))’’; and 
(B) in subsection (h)(2)— 
(i) in subparagraph (B), by striking 
‘‘section 109(8) of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App. 109(8))’’ 
and inserting ‘‘section 109 of the Ethics in 
Government Act of 1978 (5 U.S.C. App.)’’; 
and 
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(ii) in subparagraph (C), by striking 
‘‘section 109(10) of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App. 
109(10))’’ and inserting ‘‘section 109 of 
the Ethics in Government Act of 1978 (5 
U.S.C. App.)’’. 
(4) Section 499(j)(2) of the Public Health Serv-
ice Act (42 U.S.C. 290b(j)(2)) is amended by strik-
ing ‘‘section 109(16) of the Ethics in Government 
Act of 1978’’ and inserting ‘‘section 109 of the Eth-
ics in Government Act of 1978 (5 U.S.C. App.)’’. 
Subtitle F—Transition Team Ethics 
SEC. 8051. SHORT TITLE. 
This subtitle may be cited as the ‘‘Transition Team 
Ethics Improvement Act’’. 
SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. 
Section 6(b)(1) of the Presidential Transition Act of 
1963 (3 U.S.C. 102 note) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(C) a description of the role of each transition 
team member, including a list of any policy issues 
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that the member expects to work on, and a list of 
agencies the member expects to interact with, while 
serving on the transition team; 
‘‘(D) a list of any issues from which each tran-
sition team member will be recused while serving as 
a member of the transition team pursuant to the 
transition team ethics plan outlined in section 
4(g)(3); and 
‘‘(E) an affirmation that no transition team 
member has a financial conflict of interest that pre-
cludes the member from working on the matters de-
scribed in subparagraph (E).’’. 
Subtitle G—Ethics Pledge For Sen-
ior Executive Branch Employees 
SEC. 8061. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ethics in Public 
Service Act’’. 
SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EX-
ECUTIVE 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 noncareer 
Presidential or Vice-Presidential appointee, non-
career 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 (or any successor regulation); and 
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‘‘(B) does not include those items excluded 
by sections 2635.204(b), (c), (e)(1), (e)(3), (j), 
(k), and (l) of such title 5. 
‘‘(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 ‘former employer’— 
‘‘(A) means a person or entity for whom 
an appointee served as an employee, officer, di-
rector, trustee, partner, agent, attorney, con-
sultant, or contractor during the 2-year period 
ending on the date before the date on which the 
covered employee begins service in the Federal 
Government; and 
‘‘(B) does not include— 
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‘‘(i) an agency or instrumentality of 
the Federal Government; 
‘‘(ii) a State or local government; 
‘‘(iii) the District of Columbia; 
‘‘(iv) an Indian tribe, as defined in 
section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 
5304); or 
‘‘(v) the government of a territory or 
possession of the United States. 
‘‘(8) The term ‘former client’ means a person 
or entity for whom an appointee served personally as 
agent, attorney, or consultant during the 2-year pe-
riod ending on the date before the date on which the 
covered employee begins service in the Federal Gov-
ernment, but does not include an agency or instru-
mentality of the Federal Government; 
‘‘(9) 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. 
‘‘(10) The term ‘participate’ means to partici-
pate personally and substantially. 
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‘‘(11) 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. 
‘‘(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 a minimum, the following ele-
ments: 
‘‘ ‘As a condition, and in consideration, of my employ-
ment in the United States Government in a position in-
vested with the public trust, I commit myself to the fol-
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lowing 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 organiza-
tions for the duration of my service as an appointee. 
‘‘ ‘(2) Revolving Door Ban; Entering Govern-
ment.— 
‘‘ ‘(A) All Appointees Entering Govern-
ment.—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, in-
cluding 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; 
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‘‘ ‘(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 appoint-
ment. 
‘‘ ‘(3) Revolving Door Ban; Appointees Leaving 
Government.— 
‘‘ ‘(A) All Appointees Leaving Govern-
ment.—If, upon my departure from the Govern-
ment, 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, I agree 
that I will abide by those restrictions for a pe-
riod of 2 years following the end of my appoint-
ment. 
‘‘ ‘(B) Appointees Leaving Government to 
Lobby.—In addition to abiding by the limita-
tions 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 re-
mainder of the Administration. 
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‘‘ ‘(4) 
Employment 
Qualification 
Commit-
ment.—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 docu-
ment, 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 re-
strictions applicable to me by virtue of Federal Gov-
ernment 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, in light of 
all the relevant circumstances, the interest of the Federal 
Government in the employee’s participation outweighs the 
concern that a reasonable person may question the integ-
rity of the agency’s programs or operations. 
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‘‘(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 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 (2)(B) of the pledge. 
‘‘(d) For any waiver granted under this section, the 
individual who granted the waiver shall— 
‘‘(1) provide a copy of the waiver to the Direc-
tor not more than 48 hours after the waiver is 
granted; and 
‘‘(2) publish the waiver on the website of the 
applicable agency not later than 30 calendar days 
after granting such waiver. 
‘‘(e) Upon receiving a written waiver under sub-
section (d), the Director shall— 
‘‘(1) review the waiver to determine whether the 
Director has any objection to the issuance of the 
waiver; and 
‘‘(2) if the Director so objects— 
‘‘(A) provide reasons for the objection in 
writing to the head of the agency who granted 
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the waiver not more than 15 calendar days 
after the waiver was granted; and 
‘‘(B) publish the written objection on the 
website of the Office of Government Ethics not 
more than 30 calendar days after the waiver 
was granted. 
‘‘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 (2)(B) of 
the pledge is addressed in a written ethics agree-
ment 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 eth-
ics counseling; and 
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‘‘(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) adopt such rules or procedures as are nec-
essary or appropriate— 
‘‘(A) to carry out the responsibilities as-
signed by this subsection; 
‘‘(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; 
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‘‘(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 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 (4) 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, the Committee on Oversight and Reform 
of the House of Representatives, and the Committee 
on Homeland Security and Governmental Affairs of 
the Senate on whether full compliance is being 
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 
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