Sec. 1014. Administration
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/bill/117/hr/5314/rds/section-1014·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The head of every 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— that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; that compliance with paragraph
(3)of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work; 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 that the agency generally complies with this title. 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. The Director of the Office of Government Ethics shall— ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a); 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; and in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate— to carry out the foregoing responsibilities; to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban; to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift as provided by section 2635.206 of title 5, Code of Federal Regulations; to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by the employees’ official actions do not affect the integrity of the Government’s programs and operations; and 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; in consultation with the Director of OMB, report to the President on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure. This report shall include recommendations on 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. These recommendations shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation; and provide an annual public report on the administration of the pledge and this title. 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 set forth in paragraph
(5)of the pledge to all executive branch employees who are involved in the procurement process such that they may not for 2 years after leaving Government service lobby any Government official regarding a Government contract that was under their official responsibility in the last 2 years of their Government service. This report shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation. 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.