Early access: 15,549 bills from the current Congress so far, more added daily. Data from Congress.gov, GovInfo and the House and Senate vote records, updated Oct 13, 2026.
Public Law TrackerPLTPublic Law Tracker
S. 2838IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2641 · S. 2838

Definitions

Division B — Restoring Checks and Balances, Accountability, and Transparency › Title XXVI — Strengthening Hatch Act Enforcement and Penalties › Subtitle B — Strengthening Ethics Enforcement and Penalties for Federal Executive Employees

Read this section in the full bill →

This section appears in one version only, so there is nothing to compare yet.

(a) In general Subject to subsection (b), in this subtitle: (1) Administration The term Administration means each term of office of the incumbent President serving at the time of the appointment of an appointee. (2) Appointee The term appointee — (A) includes each individual appointed— (i) to a full-time, noncareer position by the President or the Vice President; (ii) to a position described in sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); (iii) to a position as a noncareer appointee in the Senior Executive Service, as described in section 3132(a) of title 5, United States Code, or as a noncareer appointee under another comparable personnel system for senior personnel; or (iv) to a position in an Executive agency excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, or another position excepted from the competitive service under comparable criteria; and (B) does not include any individual appointed to a position in the Senior Foreign Service or solely as a uniformed service commissioned officer. (3) Covered executive branch official; lobbying activities, lobbyist The terms covered executive branch official, lobbying activities, and lobbyist have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). (4) Directly and substantially related to my former employer or any former client The term directly and substantially related to my former employer or any former client means any matter in which the former employer or a former client of an appointee is a party or represents a party to the matter. (5) Executive agency The term Executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code, except that such term— (A) includes— (i) the Executive Office of the President; (ii) the United States Postal Service; and (iii) the Postal Regulatory Commission; and (B) does not include the Government Accountability Office. (6) Former client The term former client — (A) means any person for whom an appointee, during the 2-year period before the date of the appointment of the appointee, served personally as an agent, an attorney, or a consultant, except that such service as an agent, an attorney, or a consultant shall not include any instance in which the service provided was limited to speeches or similar appearances; and (B) does not include any clients of the former employer of the appointee to whom the appointee did not personally provide services. (7) Former employer The term former employer — (A) means any person for whom an appointee, during the 2-year period before the date of appointment of the appointee, served as an employee, officer, director, trustee, or general partner; and (B) does not include— (i) any Executive agency or other entity of the Federal Government; (ii) any State or local government; (iii) the Government of the District of Columbia; (iv) any Tribal government; (v) any government of a United States territory or possession; or (vi) any international organization of which the United States is a member state. (8) Gift The term gift — (A) has the meaning given the term in section 2635.203(b) of title 5, Code of Federal Regulations; (B) includes any gift that is solicited or accepted indirectly, as defined in section 2635.203(f) of title 5, Code of Federal Regulations; and (C) does not include any item excepted under subsections (b), (c), (e)(1), (e)(3), (j), or (l) of section 2635.204 of title 5, Code of Federal Regulations. (9) Government official The term Government official means any employee of the executive branch of the Government. (10) Lobby The term lobby means to act or have acted as a registered lobbyist. (11) Materially assist The term materially assist — (A) means to provide substantive assistance; and (B) does not include— (i) the provision of background or general education on a matter of law or policy based upon the subject matter expertise of an individual; or (ii) any conduct or assistance permitted under section 207(j) of title 18, United States Code. (12) Participate The term participate means to participate personally and substantially. (13) Particular matter The term particular matter has the meaning given the term in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations. (14) Particular matter involving specific parties The term particular matter involving specific parties has the meaning given the term in section 2641.201(h) of title 5, Code of Federal Regulations, except that the term shall also include any meeting or other communication relating to the performance of the official duties of an individual with a former employer or former client of the individual, unless— (A) the communication applies to a particular matter of general applicability; and (B) participation in the meeting or other event is open to all interested parties. (15) Pledge The term pledge means the ethics pledge under section 2642. (16) Registered lobbyist or lobbying organization The term registered lobbyist or lobbying organization means— (A) any lobbyist or an organization required to file a registration pursuant to section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and (B) in the case of an organization required to file such a registration, includes each of the lobbyists of the organization identified therein. (17) Senior White House staff The term Senior White House staff means any individual appointed by— (A) the President to a position under subparagraph (A) or (B) of section 105(a)(2) of title 3, United States Code; or (B) the Vice President to a position under subparagraph (A) or (B) of section 106(a)(1) of title 3, United States Code. (b) Rule of construction Any reference to a provision of Federal law, including any regulation, under this subtitle shall be construed to refer to any such provision in effect on January 20, 2025.

Sec. 2641: Definitions · Public Law Tracker