,i #aafth ,,congress #ast ,session ,h4 ,r4 #bji ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,mr4 ,schneider introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform ,a ,,bill ,to amend the ,ethics in ,government ,act of #aigh to require political appointees to sign an ethics pledge1 and for other purposes4 #a4 ,short title ,this subtitle may be cited as the ,ethics in ,public ,service ,act4 #b4 ,ethics pledge requirement for senior executive branch employees ,the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app4 #aja et seq47 is amended by inserting after title ,i the following new title3 ,,ii ,ethics ,pledge #bja4 ,definitions ,for the purposes of this title1 the following definitions apply3 7#a7 ,the term executive agency has the meaning given that term in section #aje of title #e1 ,united ,states ,code1 and includes the ,executive ,office of the ,president1 the ,united ,states ,postal ,service1 and ,postal ,regulatory ,commission1 but does not include the ,government ,accountability ,office4 7#b7 ,the term appointee means any full-time1 noncareer ,presidential or ,vice-,presidential appointee1 noncareer appointee in the ,senior ,executive ,service 7or other ,,ses-type system71 or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character 7,schedule ,c and other positions excepted under comparable criteria7 in an executive agency1 but does not include any individual appointed as a member of the ,senior ,foreign ,service or solely as a uniformed service commissioned officer4 7#c7 ,the term gift means anything having monetary value4 7#d7 ,the term covered executive branch official and lobbyist have the meanings given those terms in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 7#e7 ,the term registered lobbyist or lobbying organization means a lobbyist or an organization filing a registration pursuant to section #d7;a7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjc7;a771 and in the case of an organization filing such a registration1 registered lobbyist includes each of the lobbyists identified therein4 7#f7 ,the term lobby and lobbied mean to act or have acted as a registered lobbyist4 7#g7 ,the term former employer is any person for whom the appointee has within the #b years prior to the date of his or her appointment served as an employee1 officer1 director1 trustee1 or general partner1 except that former employer does not include any executive agency or other entity of the ,federal ,government1 ,state or local government1 the ,district of ,columbia1 ,native ,american tribe1 or any ,united ,states territory or possession4 7#h7 ,the term former client is any person for whom the appointee served personally as agent1 attorney1 or consultant within the #b years prior to the date of his or her appointment1 but excluding instances where the service provided was limited to a speech or similar appearance4 ,it does not include clients of the appointee's former employer to whom the appointee did not personally provide services4 7#i7 ,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 party4 7#aj7 ,the term participate means to participate personally and substantially4 7#aa7 ,the term post-employment restrictions includes the provisions and exceptions in section #bjg7;c7 of title #ah1 ,united ,states ,code1 and the implementing regulations4 7#ab7 ,the term ,government official means any employee of the executive branch4 7#ac7 ,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 title4 7#ad7 ,the term pledge means the ethics pledge set forth in section #bjb of this title4 7#ae7 ,all references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title4 #bjb4 ,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 appointment4 ,the pledge shall be signed and dated within #cj days of taking office and shall include at least the following elements1 in addition to other requirements3 ,as a condition1 and in consideration1 of my employment in the ,united ,states ,government in a position invested with the public trust1 ,i commit myself to the following obligations1 which ,i understand are binding on me and are enforceable under law3 7#a7 ,lobbyist ,gift ,ban4--,i will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee4 7#b7 ,revolving ,door ,ban2 ,entering ,government4-- 7,a7 ,all ,appointees ,entering ,government4--,i will not1 for a period of #b years from the date of my appointment1 participate in any particular matter involving specific party or parties that is directly and substantially related to my former employer or former clients1 including regulations and contracts4 7,b7 ,lobbyists ,entering ,government4--,if ,i was a registered lobbyist within the #b years before the date of my appointment1 in addition to abiding by the limitations of subparagraph 7,a71 ,i will not for a period of #b years after the date of my appointment3 7i7 participate in any particular matter on which ,i lobbied within the #b years before the date of my appointment2 7ii7 participate in the specific issue area in which that particular matter falls2 or 7iii7 seek or accept employment with any executive agency that ,i lobbied within the #b years before the date of my appointment4 7#c7 ,revolving ,door ,ban2 ,appointees ,leaving ,government4-- 7,a7 ,all ,appointees ,leaving ,government4--,if1 upon my departure from the ,government1 ,i am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section #bjg7;c7 of title #ah1 ,united ,states ,code1 ,i agree that ,i will abide by those restrictions for a period of #b years following the end of my appointment4 7,b7 ,appointees ,leaving ,government to ,lobby4--,in addition to abiding by the limitations of subparagraph 7,a71 ,i also agree1 upon leaving ,government service1 not to lobby any covered executive branch official or noncareer ,senior ,executive ,service appointee for the remainder of the ,administration4 7#d7 ,employment ,qualification ,commitment4--,i agree that any hiring or other employment decisions ,i make will be based on the candidate's qualifications1 competence1 and experience4 7#e7 ,assent to ,enforcement4--,i acknowledge that title ,,ii of the ,ethics in ,government ,act of #aigh1 which ,i have read before signing this document1 defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them4 ,i expressly accept the provisions of that title as a part of this agreement and as binding on me4 ,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 service4 04 #bjc4 ,waiver 7a7 ,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 if1 and to the extent that1 the ,president or the ,president's designee certifies 7in writing7 that-- 7#a7 the literal application of the restriction is inconsistent with the purposes of the restriction2 or 7#b7 it is in the public interest to grant the waiver4 7b7 ,any waiver under this section shall take effect when the certification is signed by the ,president or the ,president's designee4 7c7 ,for purposes of subsection 7a77#b71 the public interest shall include exigent circumstances relating to national security or to the economy4 ,de minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph 7#b77;,b7 of the pledge4 #bjd4 ,administration 7a7 ,the head of each executive agency shall1 in consultation with the ,director of the ,office of ,government ,ethics1 establish such rules or procedures 7conforming as nearly as practicable to the agency's general ethics rules and procedures1 including those relating to designated agency ethics officers7 as are necessary or appropriate to ensure-- 7#a7 that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee2 7#b7 that compliance with paragraph 7#b77;,b7 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies2 7#c7 that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or1 where no such agreements are required1 through ethics counseling2 and 7#d7 compliance with this title within the agency4 7b7 ,with respect to the ,executive ,office of the ,president1 the duties set forth in subsection 7a7 shall be the responsibility of the ,counsel to the ,president4 7c7 ,the ,director of the ,office of ,government ,ethics shall-- 7#a7 ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection 7a72 7#b7 in consultation with the ,attorney ,general or the ,counsel to the ,president1 when appropriate1 assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge2 7#c7 adopt such rules or procedures as are necessary or appropriate-- 7,a7 to carry out the responsibilities assigned by this subsection2 7,b7 to apply the lobbyist gift ban set forth in paragraph #a of the pledge to all executive branch employees2 7,c7 to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban2 7,d7 to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift2 7,e7 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 operations2 and 7,f7 to ensure1 in consultation with the ,director of the ,office of ,personnel ,management1 that the requirement set forth in paragraph 7#d7 of the pledge is honored by every employee of the executive branch2 7#d7 in consultation with the ,director of the ,office of ,management and ,budget1 report to the ,president 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 pardons1 and to include in the report both immediate action the executive branch can take and1 if necessary1 recommendations for legislation2 and 7#e7 provide an annual public report on the administration of the pledge and this title4 7d7 ,all pledges signed by appointees1 and all waiver certifications with respect thereto1 shall be filed with the head of the appointee's agency for permanent retention in the appointee's official personnel folder or equivalent folder4 4