821 
(B) by inserting before the semi-colon the 
following: ‘‘, and recommending appropriate 
disciplinary action’’; 
(8) in paragraph (12)— 
(A) by striking ‘‘evaluating, with the as-
sistance of’’ and inserting ‘‘promulgating, with 
input from’’; 
(B) by striking ‘‘the need for’’; and 
(C) by striking ‘‘conflict of interest and 
ethical problems’’ and inserting ‘‘conflict of in-
terest and ethics issues’’; 
(9) in paragraph (13)— 
(A) by striking ‘‘with the Attorney Gen-
eral’’ and inserting ‘‘with the Inspectors Gen-
eral and the Attorney General’’; 
(B) by striking ‘‘violations of the conflict 
of interest laws’’ and inserting ‘‘conflict of in-
terest issues and allegations of violations of eth-
ics laws and regulations and this Act’’; and 
(C) by striking ‘‘, as required by section 
535 of title 28, United States Code’’; 
(10) in paragraph (14), by striking ‘‘and’’ at 
the end; 
(11) in paragraph (15)—
822 
(A) by striking ‘‘, in consultation with the 
Office of Personnel Management,’’; 
(B) by striking ‘‘title II’’ and inserting 
‘‘title I’’; and 
(C) by striking the period at the end and 
inserting a semicolon; and 
(12) by adding at the end the following: 
‘‘(16) directing and providing final approval, 
when determined appropriate by the Director, for 
designated agency ethics officials regarding the reso-
lution of conflicts of interest as well as any other 
ethics issues under the purview of this Act in indi-
vidual cases; and 
‘‘(17) reviewing and approving, when deter-
mined appropriate by the Director, any recusals, ex-
emptions, or waivers from the conflicts of interest 
and ethics laws, rules, and regulations and making 
approved recusals, exemptions, and waivers made 
publicly available by the relevant agency available in 
a central location on the official website of the Office 
of Government Ethics.’’. 
(c) WRITTEN PROCEDURES.—Paragraph (1) of sec-
tion 402(d) of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended—
823 
(1) by striking ‘‘, by the exercise of any author-
ity otherwise available to the Director under this 
title,’’; 
(2) by striking ‘‘the agency is’’; and 
(3) by inserting after ‘‘filed by’’ the following: 
‘‘, or written documentation of recusals, waivers, or 
ethics authorizations relating to,’’. 
(d) CORRECTIVE ACTIONS.—Section 402(f) of the 
Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended— 
(1) in paragraph (1)— 
(A) in clause (i) of subparagraph (A), by 
striking ‘‘of such agency’’; and 
(B) in subparagraph (B), by inserting be-
fore the period at the end ‘‘and determine that 
a violation of this Act has occurred and issue 
appropriate administrative or legal remedies as 
prescribed in paragraph (2)’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) in clause (ii)— 
(I) in subclause (I)— 
(aa) by inserting ‘‘to the 
President or the President’s des-
ignee if the matter involves em-
824 
ployees of the Executive Office of 
the President or’’ after ‘‘may rec-
ommend’’; 
(bb) by striking ‘‘and’’ at 
the end; and 
(II) in subclause (II)— 
(aa) by inserting ‘‘President 
or’’ after ‘‘determines that the’’; 
and 
(bb) by adding ‘‘and’’ at the 
end; 
(ii) in subclause (II) of clause (iii)— 
(I) by striking ‘‘notify, in writ-
ing,’’ and inserting ‘‘advise the Presi-
dent or order’’; 
(II) by inserting ‘‘to take appro-
priate disciplinary action including 
reprimand, suspension, demotion, or 
dismissal against the officer or em-
ployee (provided, however, that any 
order issued by the Director shall not 
affect an employee’s right to appeal a 
disciplinary action under applicable 
law, regulation, collective bargaining
825 
agreement, or contractual provision).’’ 
after ‘‘employee’s agency’’; and 
(III) by striking ‘‘of the officer’s 
or employee’s noncompliance, except 
that, if the officer or employee in-
volved is the agency head, the notifi-
cation shall instead be submitted to 
the President; and’’; and 
(iii) by striking clause (iv); 
(B) in subparagraph (B)(i)— 
(i) by striking ‘‘subparagraph (A)(iii) 
or (iv)’’ and inserting ‘‘subparagraph (A)’’; 
(ii) by inserting ‘‘(I)’’ before ‘‘In 
order to’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(II)(aa) The Director may se-
cure directly from any agency infor-
mation necessary to enable the Direc-
tor to carry out this Act. Upon re-
quest of the Director, the head of 
such agency shall furnish that infor-
mation to the Director. 
‘‘(bb) The Director may re-
quire by subpoena the production
826 
of all information, documents, re-
ports, answers, records, accounts, 
papers, and other data in any 
medium and documentary evi-
dence necessary in the perform-
ance of the functions assigned by 
this Act, which subpoena, in the 
case of refusal to obey, shall be 
enforceable by order of any ap-
propriate United States district 
court.’’; 
(C) in subparagraph (B)(ii)(I)— 
(i) by striking ‘‘Subject to clause (iv) 
of this subparagraph, before’’ and insert-
ing ‘‘Before’’; and 
(ii) by striking ‘‘subparagraphs (A) 
(iii) or (iv)’’ and inserting ‘‘subparagraph 
(A)(iii)’’; 
(D) in subparagraph (B)(iii), by striking 
‘‘Subject to clause (iv) of this subparagraph, 
before’’ and inserting ‘‘Before’’; and 
(E) in subparagraph (B)(iv)— 
(i) by striking ‘‘title 2’’ and inserting 
‘‘title I’’; and
827 
(ii) by striking ‘‘section 206’’ and in-
serting ‘‘section 106’’; and 
(3) in paragraph (4), by striking ‘‘(iv),’’. 
(e) DEFINITIONS.—Section 402 of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.) is amended by add-
ing at the end the following: 
‘‘(g) For purposes of this title— 
‘‘(1) the term ‘agency’ shall include the Execu-
tive Office of the President; and 
‘‘(2) the term ‘officer or employee’ shall include 
any individual occupying a position, providing any 
official services, or acting in an advisory capacity, in 
the White House or the Executive Office of the 
President. 
‘‘(h) In this title, a reference to the head of an agency 
shall include the President or the President’s designee. 
‘‘(i) The Director shall not be required to obtain the 
prior approval, comment, or review of any officer or agen-
cy of the United States, including the Office of Manage-
ment and Budget, before submitting to Congress, or any 
committee or subcommittee thereof, any information, re-
ports, recommendations, testimony, or comments, if such 
submissions include a statement indicating that the views 
expressed therein are those of the Director and do not nec-
essarily represent the views of the President.’’.
828 
SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DU-
TIES. 
(a) IN GENERAL.—Section 403 of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.) is amended— 
(1) in subsection (a), by adding a period at the 
end of the matter following paragraph (2); and 
(2) by adding at the end the following: 
‘‘(c)(1) All designated agency ethics officials and al-
ternate designated agency ethics officials shall register 
with the Director as well as with the appointing authority 
of the official. 
‘‘(2) The Director shall provide ethics education 
and training to all designated and alternate des-
ignated agency ethics officials in a time and manner 
deemed appropriate by the Director. 
‘‘(3) Each designated agency ethics official and 
each alternate designated agency ethics official shall 
biannually attend ethics education and training, as 
provided by the Director under paragraph (2). 
‘‘(d) Each Designated Agency Ethics Official, includ-
ing the Designated Agency Ethics Official for the Execu-
tive Office of the President— 
‘‘(1) shall provide to the Director, in writing, in 
a searchable, sortable, and downloadable format, all 
approvals, authorizations, certifications, compliance 
reviews, determinations, directed divestitures, public
829 
financial disclosure reports, notices of deficiency in 
compliance, records related to the approval or ac-
ceptance of gifts, recusals, regulatory or statutory 
advisory opinions, waivers, including waivers under 
section 207 or 208 of title 18, United States Code, 
and any other records designated by the Director, 
unless disclosure is prohibited by law; 
‘‘(2) shall, for all information described in para-
graph (1) that is permitted to be disclosed to the 
public under law, make the information available to 
the public by publishing the information on the 
website of the Office of Government Ethics, pro-
viding a link to download an electronic copy of the 
information, or providing printed paper copies of 
such information to the public; and 
‘‘(3) may charge a reasonable fee for the cost 
of providing paper copies of the information pursu-
ant to paragraph (2). 
‘‘(e)(1) For all information that is provided by an 
agency to the Director under paragraph (1) of subsection 
(d), the Director shall make the information available to 
the public in a searchable, sortable, downloadable format 
by publishing the information on the website of the Office 
of Government Ethics or providing a link to download an 
electronic copy of the information.
830 
‘‘(2) The Director may, upon request, provide printed 
paper copies of the information published under para-
graph (1) and charge a reasonable fee for the cost of print-
ing such copies.’’. 
(b) REPEAL.—Section 408 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.) is hereby repealed. 
SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN 
FEDERAL 
EMPLOYEE 
TRAVEL 
IN 
CON-
TRAVENTION OF CERTAIN REGULATIONS. 
(a) IN GENERAL.—Beginning on the date of enact-
ment of this Act, no Federal funds appropriated or other-
wise made available in any fiscal year may be used for 
the travel expenses of any senior Federal official in con-
travention of sections 301–10.260 through 301–10.266 of 
title 41, Code of Federal Regulations, or any successor 
regulation. 
(b) QUARTERLY REPORT ON TRAVEL.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act and every 90 days 
thereafter, the head of each Federal agency shall 
submit a report to the Committee on Oversight and 
Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate detailing travel on Government
831 
aircraft by any senior Federal official employed at 
the applicable agency. 
(2) APPLICATION.—Any report required under 
paragraph (1) shall not include any classified travel, 
and nothing in this Act shall be construed to super-
sede, alter, or otherwise affect the application of sec-
tion 101–37.408 of title 41, Code of Federal Regula-
tions, or any successor regulation. 
(c) TRAVEL REGULATION REPORT.—Not later than 
1 year after enactment of this Act, the Director of the 
Office of Government Ethics shall submit a report to Con-
gress detailing suggestions on strengthening Federal trav-
el regulations. On the date such report is so submitted, 
the Director shall publish such report on the Office’s pub-
lic website. 
(d) SENIOR FEDERAL OFFICIAL DEFINED.—In this 
section, the term ‘‘senior Federal official’’ has the mean-
ing given that term in section 101–37.100 of title 41, Code 
of Federal Regulations, as in effect on the date of enact-
ment of this Act, and includes any senior executive branch 
official (as that term is defined in such section). 
SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and every 90 
days thereafter, the Secretary of Defense, in consultation
833 
(b) EXCEPTION.—Required use travel, as outlined in 
Department of Defense Directive 4500.56, shall not be in-
cluded in reports under subsection (a). 
(c) SENIOR FEDERAL OFFICIAL DEFINED.—In this 
section, the term ‘‘senior Federal official’’ has the mean-
ing given that term in section 8036(d). 
Subtitle E—Conflicts From 
Political Fundraising 
SEC. 8041. SHORT TITLE. 
This subtitle may be cited as the ‘‘Conflicts from Po-
litical Fundraising Act of 2021’’. 
SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU-
TIONS. 
(a) DEFINITIONS.—Section 109 of the Ethics in Gov-
ernment Act of 1978 (5 U.S.C. App.) is amended— 
(1) by redesignating paragraphs (2) through 
(19) as paragraphs (5) through (22), respectively; 
and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) ‘covered contribution’ means a payment, 
advance, forbearance, rendering, or deposit of 
money, or any thing of value— 
‘‘(A)(i) that— 
‘‘(I) is—
834 
‘‘(aa) made by or on behalf of a 
covered individual; or 
‘‘(bb) solicited in writing by or at 
the request of a covered individual; 
and 
‘‘(II) is made— 
‘‘(aa) to a political organization, 
as defined in section 527 of the Inter-
nal Revenue Code of 1986; or 
‘‘(bb) to an organization— 
‘‘(AA) that is described in 
paragraph (4) or (6) of section 
501(c) of the Internal Revenue 
Code of 1986 and exempt from 
tax under section 501(a) of such 
Code; and 
‘‘(BB) that promotes or op-
poses changes in 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; or 
‘‘(ii) that is—
835 
‘‘(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 
(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
836 
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; 
‘‘(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
837 
(5), (6), and (7), respectively, of section 
3132(a) of title 5, United States Code; 
‘‘(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 
‘‘(v) a chief of mission (as defined in 
section 102(a)(3) of the Foreign Service 
Act of 1980); 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’’; 
(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-
838 
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, 
the 
information 
required 
by 
section 
102(j)(2)(A)’’ 
after 
‘‘described 
in 
section 
102(a)’’; and 
(2) in section 102—
839 
(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 
‘‘(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.
840 
‘‘(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 
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-
841 
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 
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.
842 
(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 
(ii) in paragraph (10), by striking 
‘‘section 109(13)’’ and inserting ‘‘section 
109(16)’’; and
843 
(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 
(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
844 
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. 
The Presidential Transition Act of 1963 (3 U.S.C. 
102 note) is amended— 
(1) in section 3(f), by adding at the end the fol-
lowing: 
‘‘(3) Not later than 10 days after submitting an ap-
plication for a security clearance for any individual, and 
not later than 10 days after any such individual is granted 
a security clearance (including an interim clearance), each 
eligible candidate (as that term is described in subsection 
(h)(4)(A)) or the President-elect (as the case may be) shall 
submit a report containing the name of such individual 
to the Committee on Oversight and Reform of the House
845 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate.’’; and 
(2) in section 6(b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting a semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) a list of all positions each transition team 
member has held outside the Federal Government 
for the previous 12-month period, including paid and 
unpaid positions; 
‘‘(D) sources of compensation for each transi-
tion team member exceeding $5,000 a year for the 
previous 12-month period; 
‘‘(E) a description of the role of each transition 
team member, including a list of any policy issues 
that the member expects to work on, and a list of 
agencies the member expects to interact with, while 
serving on the transition team; 
‘‘(F) a list of any issues from which each tran-
sition team member will be recused while serving as
846 
a member of the transition team pursuant to the 
transition team ethics plan outlined in section 
4(g)(3); and 
‘‘(G) 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).’’; 
(B) in paragraph (2), by inserting ‘‘not 
later than 2 business days’’ after ‘‘public’’; and 
(C) by adding at the end the following: 
‘‘(3) The head of a Federal department or agency, 
or their designee, shall not permit access to the Federal 
department or agency, or employees of such department 
or agency, that would not be provided to a member of the 
public for any transition team member who does not make 
the disclosures listed under paragraph (1).’’. 
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’’.
847 
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: 
‘‘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.
848 
‘‘(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 
‘‘(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
849 
ending on the date before the date on which the 
covered employee begins service in the Federal 
Government; and 
‘‘(B) does not include— 
‘‘(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-
850 
ployer or a former client is a party or represents a 
party. 
‘‘(10) The term ‘participate’ means to partici-
pate 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 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
851 
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-
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—
852 
‘‘ ‘(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 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
853 
covered executive branch official or noncareer 
Senior Executive Service appointee for the re-
mainder of the Administration. 
‘‘ ‘(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
854 
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. 
‘‘(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—
855 
‘‘(A) provide reasons for the objection in 
writing to the head of the agency who granted 
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,
856 
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) 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;
857 
‘‘(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 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-
858 
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) 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.’’. 
Subtitle H—Travel on Private Air-
craft by Senior Political Ap-
pointees 
SEC. 8071. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop Waste And 
Misuse by Presidential Flyers Landing Yet Evading Rules 
and Standards’’ or the ‘‘SWAMP FLYERS’’. 
SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL 
ON PRIVATE AIRCRAFT. 
(a) IN GENERAL.—Beginning on the date of enact-
ment of this subtitle, no Federal funds appropriated or
859 
otherwise made available in any fiscal year may be used 
to pay the travel expenses of any senior political appointee 
for travel on official business on a non-commercial, pri-
vate, or chartered flight. 
(b) EXCEPTIONS.—The limitation in subsection (a) 
shall not apply— 
(1) if no commercial flight was available for the 
travel in question, consistent with subsection (c); or 
(2) to any travel on aircraft owned or leased by 
the Government. 
(c) CERTIFICATION.— 
(1) IN
GENERAL.—Any senior political ap-
pointee who travels on a non-commercial, private, or 
chartered flight under the exception provided in sub-
section (b)(1) shall, not later than 30 days after the 
date of such travel, submit a written statement to 
Congress certifying that no commercial flight was 
available. 
(2) PENALTY.—Any statement submitted under 
paragraph (1) shall be considered a statement for 
purposes of applying section 1001 of title 18, United 
States Code. 
(d) 
DEFINITION
OF
SENIOR
POLITICAL
AP-
POINTEE.—In this subtitle, the term ‘‘senior political ap-
pointee’’ means any individual occupying—
860 
(1) a position listed under the Executive Sched-
ule (subchapter II of chapter 53 of title 5, United 
States Code); 
(2) a Senior Executive Service position that is 
not a career appointee as defined under section 
3132(a)(4) of such title; or 
(3) a position of a confidential or policy-deter-
mining character under schedule C of subpart C of 
part 213 of title 5, Code of Federal Regulations. 
Subtitle I—Severability 
SEC. 8081. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or any application of such provision or 
amendment to any person or circumstance, is held to be 
unconstitutional, the remainder of the provisions of this 
title and the amendments made by this title, and the appli-
cation of the provision or amendment to any other person 
or circumstance, shall not be affected. 
TITLE IX—CONGRESSIONAL 
ETHICS REFORM 
Subtitle A—Requiring Members of Congress To Reimburse Treasury for 
Amounts Paid as Settlements and Awards Under Congressional Account-
ability Act of 1995 
Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts 
paid as settlements and awards under Congressional Account-
ability Act of 1995 in all cases of employment discrimination 
acts by Members. 
Subtitle B—Conflicts of Interests