Ethics Commitments by Executive Branch Appointees Executive Order
The President signed an Ethics Commitments by Executive Branch Employees executive order last weekend. The EO does the following:
- Requires all Executive Branch appointees to sign a pledge and contractual obligation to:
- Not lobby any agency in which they served for five years after they leave
- Abide by the post-employment restrictions in section 207(c) of Title 18, US Code if they were a covered employee
- Sec 207(c) of Title 18, US Code – https://www.law.cornell.edu/uscode/text/18/207
- Not lobby covered officials or non-SES appointees for the remainder of the Administration
- Not act on behalf of foreign governments or foreign political parties (lifetime ban)
- Not accept gifts from lobbyists or lobbying organizations
- Gift Definition – https://www.law.cornell.edu/cfr/text/5/2635.203
- Not engage for 2 years in a matter that is related to their former employer or former clients, including regulations and contracts
- For a period of 2 years, not participate in a matter on which they lobbied during the previous 2 years if they were a registered lobbyist
- Agree that any hiring or employment decisions that he/she makes will be based on a candidate’s qualifications, competence, and experience.
- Each federal agency will establish rules or procedures for:
- Ensuring each appointee signs the pledge.
- Ensures compliance with the EO.
- Adopt rules or procedures as necessary or appropriate to:
- Carry out the EO
- Apply the lobbyist gift ban
- Authorize limited exceptions to the lobbyist gift ban
- Make it clear that no person shall have violated the lobbyist gift ban if they properly dispose of the gift
- Ensure existing rules and procedures for employees engaged in negotiations for future employment don’t affect integrity
- Ensure, in consultation with OPM Director, that the hiring or employment decisions requirement (H in the above list) is honored
- Enforcement
- The commitments in the pledge are enforceable by any legally available means:
- Debarment proceedings or civil judicial proceedings for declaratory, injunctive, or monetary relief
- Anyone who violates the pledge can be barred from engaging in lobbying activities with respect to that agency for up to 5 years in addition to the 5-year time period covered by the pledge.
- Attorney General is authorized to:
- Request any appropriate federal investigative authority to conduct investigations of a possible breach
- Commence a civil action in US District Court if a breach has occurred.
- Request relief including:
- Temporary restraining orders and preliminary and permanent injunctions
- Establishment of a constructive trust for payment to the US Treasury
- The commitments in the pledge are enforceable by any legally available means:
Ethics Commitments by Executive Branch Appointees Executive Order:
Reducing Regulation and Controlling Regulatory Costs Executive Order
The President also signed an executive order for reducing regulations and controlling regulatory costs. The EO requires that whenever an executive department or agency publicly proposes for notice or comment or otherwise promulgates a new regulation, it has to identify two existing regulations to be repealed. The total costs for all new regulations, including repealed ones, cannot be greater than zero for FY17. Any new incremental costs associated with new regulations have to be offset by the elimination of existing costs associated with at least two prior regulations.
Reducing Regulation and Controlling Regulatory Costs Executive Order
OMB Memo: Interim Guidance Implementing Section 2