Ethics Commitments by Executive Branch Appointees

This executive order requires all new executive branch political appointees to sign a binding ethics pledge that imposes lobbying restrictions, gift bans, and recusal requirements. It replaces the Obama-era ethics order with new rules including a 5-year post-employment lobbying ban on the former agency and a ban on lobbying any covered executive branch official for the remainder of the Administration.

Federal Register Open PDF 82 FR 9333

Impact dates

Date TBD
2-year recusal for former lobbyists from lobbied matters from date of appointment
Date TBD
5-year post-employment lobbying ban on former agency

Key directives

Every appointee appointed on or after January 20, 2017 must sign ethics pledge upon assuming office
5-year post-employment ban on lobbying former agency
Remainder-of-Administration ban on lobbying any covered executive branch official or non-career SES appointee
Lifetime ban on foreign government/political party activities requiring FARA registration
2-year recusal from matters involving former employer or former clients
Additional 2-year recusal for former lobbyists from matters/issues lobbied
Ban on gifts from registered lobbyists during service
Hiring decisions based on qualifications, competence, and experience
President or designee may grant waivers
OGE to extend lobbyist gift ban to all executive branch employees
Agency heads to establish compliance procedures
Attorney General authorized to investigate breaches and bring civil enforcement actions

Who is ordered

Timeline

Immediate

Effective upon signing January 28, 2017
Applies to all appointees appointed on or after January 20, 2017
Agency heads must establish compliance procedures
OGE must make pledge available to agencies

Near term (90d)

Agency heads to establish rules/procedures for pledge signing and compliance
OGE to adopt rules for lobbyist gift ban extension to all executive branch employees

Long term

5-year post-employment lobbying ban runs from each appointee's departure
Remainder-of-Administration lobbying ban applies through end of Trump's term(s)
Permanent retention of pledges in personnel files

Risks & tensions

Waiver authority in Section 3 gives President broad discretion to undermine restrictions; transparency of waivers uncertain
Contractual enforcement mechanism (Section 5) is novel and untested; may face legal challenges
Definition of 'Administration' as all terms of incumbent President could create ambiguity if pledge interpreted across multiple terms
Remainder-of-Administration ban is unusually long and may deter experienced candidates from serving
EO revokes Obama-era order but text does not specify whether stricter or looser in all respects—comparison requires cross-referencing
No explicit deadline for agency heads to establish procedures; 'as necessary or appropriate' language is vague