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EO 13989Executive OrderBiden · D Quiet signal

Executive Order 13989

Ethics Commitments by Executive Branch Personnel

This executive order establishes binding ethics pledges for all presidential appointees in executive agencies appointed on or after January 20, 2021. It imposes strict revolving door restrictions, bans on lobbyist gifts and golden parachutes, and creates enforcement mechanisms including debarment and civil penalties for violations.

Federal Register Open PDF 86 FR 7029

Impact dates

  1. annual public report on pledge administration

  2. OGE report on expanding paragraph 5 revolving door ban to procurement employees

  3. OGE report on procurement lobbying disclosure and pardon lobbying disclosure

  4. agency heads must establish rules/procedures for pledge administration

  5. written ethics agreements for paragraph 3 appointees approved before commencing work

  6. waiver certification must be made public

  7. pledge effective for appointees appointed on or after this date

Key directives

  • all appointees must sign ethics pledge upon assuming office
  • 2-year ban on particular matters involving former employers/clients for all entering appointees
  • 2-year ban on lobbying matters and specific issue areas for former lobbyists/FARA registrants entering government
  • 2-year post-employment communication restrictions with former agencies and senior White House staff
  • 1-year additional ban on materially assisting others with prohibited lobbying for senior/very senior appointees
  • remainder of Administration or 2-year lobbying ban for departing appointees (whichever is later)
  • absolute ban on golden parachutes
  • hiring decisions must be based on qualifications, competence, and experience
  • OMB Director may grant written waivers with public disclosure within 10 days
  • agency heads must establish compliance procedures in consultation with OGE Director
  • OGE Director must provide annual public reports on administration
  • Attorney General authorized to investigate breaches and bring civil enforcement actions

Who is ordered

Timeline

Immediate

  • pledge signing requirement effective for all appointees on or after January 20, 2021
  • waiver certifications must be made public within 10 days of signing

Near term (90d)

  • agency heads must establish rules/procedures for pledge administration
  • written ethics agreements for paragraph 3 appointees must be approved by Counsel to the President before work commences

Long term

  • 2-year revolving door restrictions for appointees entering and leaving government
  • 1-year additional lobbying ban for senior/very senior appointees
  • post-employment restrictions extend for remainder of Administration or 2 years, whichever is later
  • annual public reports on pledge administration
  • potential expansion of procurement lobbying restrictions to all executive branch employees

Risks & tensions

  • waiver authority concentrated in OMB Director with broad 'public interest' standard may undermine restrictions
  • enforcement depends on agency self-policing and political appointee-led DOJ discretion
  • 'materially assist' definition leaves interpretive gap for post-government advisory roles
  • unclear whether pledge survives beyond Biden Administration absent reauthorization by successor presidents
  • spousal employment conflicts addressed only through non-binding ethics counseling for non-covered cases
Executive Order 13989: Ethics Commitments by Executive Branch Personnel · Executive Orders