Ethics in Public Service Act
Bill: H.R.1077 | Sponsor: Rep. Schneider, Bradley Scott (D-IL)
Policy area: Government Operations and Politics

Summary:
Ethics in Public Service Act
This bill provides statutory authority for provisions of the executive order titled Ethics Commitments by Executive Branch Personnel, which was issued on January 21, 2009, by President Barack H. Obama. The order required political appointees in the executive branch to sign an ethics pledge that restricted lobbying and related activities during and after government employment, including prohibitions on appointees communicating with their former agencies for two years post-employment and on lobbying agencies for the remainder of the presidential administration. The order was eventually revoked and replaced with executive orders from subsequent administrations.
On January 20, 2021, President Joseph R. Biden, Jr. issued an executive order titled Ethics Commitments by Executive Branch Personnel, which requires appointees to sign an ethics pledge with both similar and different provisions. For example, the order's pledge (1) prohibits post-employment lobbying, including lobbying on behalf of foreign governments, for the remainder of a presidential administration or for two years after appointments end, whichever is later; and (2) restricts appointees from accepting cash payments or non-cash benefits from former employers that are contingent on government employment (also known as golden parachutes).

To amend the Ethics in Government Act of 1978 to require senior 
  executive branch employees to sign an ethics pledge, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ethics in Public Service Act''.

SEC. 2. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH 
              EMPLOYEES.

    The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is 
amended by inserting after title I the following new title:

                       ``TITLE II--ETHICS PLEDGE

``SEC. 201. DEFINITIONS.

    ``For the purposes of this title, the following definitions apply:
            ``(1) The term `executive agency' has the meaning 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, noncareer 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
                    ``(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 terms `covered executive branch official' 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 filing 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 terms `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, director, 
                trustee, partner, agent, attorney, consultant, 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--
                            ``(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 period ending on the date before 
        the date on which the covered employee begins service in the 
        Federal Government, but does not include an agency or 
        instrumentality of the Federal Government;
            ``(9) The term `directly and substantially related to my 
        former employer or former clients' means matters in which the 
        appointee's former employer or a former client is a party or 
        represents a party.
            ``(10) The term `participate' means to participate 
        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 implementing 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 elements:
    ```As a condition, and in consideration, of my employment in the 
United States Government in a position invested with the public trust, 
I commit myself to the following 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 organizations for the duration 
        of my service as an appointee.
            ```(2) Revolving Door Ban; Entering Government.--
                    ```(A) All Appointees Entering Government.--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, including 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 appointment.
            ```(3) Revolving Door Ban; Appointees Leaving Government.--
                    ```(A) All Appointees Leaving Government.--If, upon 
                my departure from the Government, I am covered by the 
                post-employment restrictions 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 period of 
                2 years following the end of my appointment.
                    ```(B) Appointees Leaving Government to Lobby.--In 
                addition to abiding by the limitations 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 
                remainder of the Administration.
            ```(4) Employment Qualification Commitment.--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 document, 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 restrictions applicable to me by 
        virtue of Federal Government 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 integrity 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 interest shall 
include exigent circumstances relating to national security or to the 
economy. De minimis contact with an executive agency shall be cause for 
a waiver of the restrictions 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 Director 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 subsection (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 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 consultation 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 agreement 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 ethics counseling; and
            ``(4) compliance with this title within the agency.
    ``(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 fulfilling 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 necessary or 
        appropriate--
                    ``(A) to carry out the responsibilities assigned by 
                this subsection;
                    ``(B) to apply the lobbyist gift ban set forth in 
                paragraph 1 of the pledge to all executive 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 procedures 
                for Government employees engaged in negotiations for 
                future employment with private businesses that are 
                affected by their official actions do not affect the 
                integrity of the Government's programs and operations; 
                and
                    ``(F) to ensure, in consultation with the Director 
                of the Office of Personnel Management, that the 
                requirement set forth in paragraph (4) of the pledge is 
                honored by every employee 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 governing executive branch 
        procurement lobbying disclosure 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 administration 
        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.''.
                                 <all>