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S. 2838IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2644 · S. 2838

Administration

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

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(a) In general 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 general ethics rules and procedures of the Executive agency, including those relating to designated agency ethics officials) as are necessary or appropriate to ensure— (1) that every appointee in the Executive agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; (2) that compliance with paragraph (3) of the pledge is addressed in a written ethics agreement with each appointee to whom that paragraph applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work; (3) that any spousal employment issue or other conflict not expressly addressed by the pledge is addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and (4) that the Executive agency generally complies with this subtitle. (b) Executive Office of the President 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) Director of the Office of Government Ethics general responsibilities The Director of the Office of Government Ethics shall— (1) ensure that the pledge and a copy of this subtitle are made available for use by each Executive agency in fulfilling the duties of the Executive agency under subsection (a); (2) in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officials (as defined in section 13101 of title 5, United States Code) in providing advice to current or former appointees regarding the application of the pledge; (3) in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate— (A) to carry out the foregoing responsibilities; (B) to authorize limited exceptions to the lobbyist gift ban under paragraph (1) of the pledge for circumstances that do not implicate the purposes of the ban; (C) to make clear that no individual shall have violated the lobbyist gift ban under paragraph (1) of the pledge if the individual properly disposes of a gift as provided under section 2635.206 of title 5, Code of Federal Regulations; (D) to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by the official actions of the employees do not affect the integrity of the programs and operations of the Government; and (E) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph (6) 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, submit a report to the President on whether full compliance is being achieved with existing Federal laws and regulations governing executive branch procurement lobbying disclosure, provided that such report shall include— (A) recommendations relating to steps the executive branch can take to expand, to the fullest extent practicable, disclosure of both executive branch procurement lobbying and of lobbying for presidential pardons; and (B) recommendations relating to both immediate actions the executive branch can take and, if necessary, recommendations for legislation; and (5) provide an annual report on the administration of the pledge and this subtitle. (d) Revolving door ban report (1) In general Not later than 180 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban under paragraph (5) of the pledge to all executive branch employees who are involved in the procurement process such that those employees may not for 2 years after leaving Government service lobby any Government official regarding a Government contract that was under the official responsibility of the employee during the last 2 years of Government service of the employee. (2) Actions and recommendations The report required under paragraph (1) shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation. (e) Filing and retention Each pledge signed by an appointee, and any waiver granted under section 2643 with respect thereto, shall be filed with the head of the agency of the relevant appointee for permanent retention in the official personnel folder of the appointee or any equivalent folder.

Sec. 2644: Administration · Public Law Tracker