I 
116TH CONGRESS 
1ST SESSION 
H. R. 209 
To amend the Ethics in Government Act of 1978 to require political 
appointees to sign an ethics pledge, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2019 
Mr. SCHNEIDER 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 
political appointees to sign an 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. SHORT TITLE. 
This subtitle may be cited as the ‘‘Ethics in Public 
Service Act’’. 
SEC. 2. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXEC-
UTIVE 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’ means anything having 
monetary value. 
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‘‘(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’ 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. 
‘‘(8) 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 
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date of his or her appointment, but excluding in-
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. 
‘‘(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. 
‘‘(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. 
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‘‘(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 least the following elements, in 
addition to other requirements: 
‘‘ ‘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 
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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; 
‘‘ ‘(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 
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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. 
‘‘ ‘(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-
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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— 
‘‘(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. 
‘‘(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. 
‘‘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 
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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 
‘‘(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); 
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‘‘(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; 
‘‘(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 
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‘‘(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 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 
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.’’. 
Æ 
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