II 

117TH CONGRESS 

1ST SESSION S. 751 

To establish a 5-year ban on individuals appointed to Executive Schedule 

positions and Members of Congress engaging in lobbying activities at 

the Federal level. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2021 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish a 5-year ban on individuals appointed to Executive Schedule positions and Members of Congress engaging in lobbying activities at the Federal level. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cleaning Up Washing5 ton’s Act’’. 

2 

•S 751 IS

1 SEC. 2. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS AP2 POINTED TO EXECUTIVE SCHEDULE POSI3 TIONS AND MEMBERS OF CONGRESS. 

4 (a) INDIVIDUALS APPOINTED TO EXECUTIVE SCHED5 ULE POSITIONS.— 

6 (1) IN GENERAL.—Section 207(d) of title 18, 

7 United States Code, is amended to read as follows: 

8 ‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL

9 OF THE EXECUTIVE BRANCH AND INDEPENDENT AGEN10 CIES.— 

11 ‘‘(1) VICE PRESIDENT.— 

12 ‘‘(A) RESTRICTIONS.—In addition to the 

13 restrictions set forth in subsections (a) and (b), 

14 any person who serves in the position of Vice 

15 President of the United States and who, within 

16 2 years after the termination of that person’s 

17 service in that position, knowingly makes, with 

18 the intent to influence, any communication to 

19 or appearance before any person described in 

20 subparagraph (B), on behalf of any other per21 son (except the United States), in connection 

22 with any matter on which such person seeks of23 ficial action by any officer or employee of the 

24 executive branch of the United States, shall be 

25 punished as provided in section 216 of this title. 

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1 ‘‘(B) PERSONS WHO MAY NOT BE CON2 TACTED.—A person described in this subpara3 graph is— 

4 ‘‘(i) any officer or employee of any de5 partment or agency in which the Vice 

6 President served within a period of 1 year 

7 before the Vice President’s service or em8 ployment with the United States Govern9 ment terminated; and 

10 ‘‘(ii) any person appointed to a posi11 tion in the executive branch which is listed 

12 in section 5312, 5313, 5314, 5315, or 

13 5316 of title 5. 

14 ‘‘(2) FIVE-YEAR RESTRICTION ON INDIVIDUALS

15 IN EXECUTIVE SCHEDULE AND EQUIVALENT POSI16 TIONS.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraphs (B) and (C), and in addition to 

19 the restrictions set forth in subsections (a) and 

20 (b), any individual employed in a position in the 

21 executive branch for which the rate of pay is 

22 the rate of pay payable for any level of the Ex23 ecutive Schedule under subchapter II of chapter 

24 53 of title 5 who, within 5 years after the ter25 mination of his or her service or employment in 

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1 such position, knowingly makes, with the intent 

2 to influence, any communication to or appear3 ance before any officer or employee of any de4 partment or agency in the executive branch, on 

5 behalf of any other person (except the United 

6 States), in connection with any matter on which 

7 such person seeks official action by any officer 

8 or employee of such department or agency, shall 

9 be punished as provided in section 216 of this 

10 title. 

11 ‘‘(B) SPECIAL GOVERNMENT EMPLOY12 EES.—Subparagraph (A) shall not apply to a 

13 special Government employee who serves less 

14 than 60 days in the 1-year period before his or 

15 her service or employment as such employee 

16 terminates. 

17 ‘‘(C) WAIVER.— 

18 ‘‘(i) AUTHORITY.—Except as provided 

19 in clause (ii), at the request of a depart20 ment or agency, the Director of the Office 

21 of Government Ethics may waive the re22 strictions under subparagraph (A) with re23 spect to a position, or a category of posi24 tions, if the Director determines that— 

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1 ‘‘(I) the imposition of the restric2 tions with respect to the position, or 

3 category of positions, would create an 

4 undue hardship on the department or 

5 agency in obtaining qualified per6 sonnel to fill the position, or category 

7 of positions; and 

8 ‘‘(II) granting the waiver would 

9 not create the potential for use of 

10 undue influence or unfair advantage. 

11 ‘‘(ii) EXCLUDED POSITIONS.—The Di12 rector of the Office of Government Ethics 

13 may not waive the restrictions under sub14 paragraph (A) with respect to— 

15 ‘‘(I) a position in the executive 

16 branch (including any independent 

17 agency) for which the rate of pay is 

18 the rate of pay payable for level I of 

19 the Executive Schedule; or 

20 ‘‘(II) a position in the Executive 

21 Office of the President for which the 

22 rate of pay is the rate of pay for level 

23 II of the Executive Schedule.’’. 

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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Section 207 of title 18, United States 

3 Code, is amended— 

4 (A) in subsection (c)(2)— 

5 (i) in subparagraph (A)— 

6 (I) by striking clauses (i) and 

7 (iii); 

8 (II) by redesignating clauses (ii), 

9 (iv), and (v) as clauses (i), (ii), and 

10 (iii), respectively; and 

11 (III) in clause (i), as so redesig12 nated— 

13 (aa) by striking ‘‘which is 

14 not referred to in clause (i)’’ the 

15 first place it appears and insert16 ing ‘‘for which the rate of pay is 

17 not specified in or fixed accord18 ing to subchapter II of chapter 

19 53 of title 5’’; and 

20 (bb) by striking ‘‘, or, for a 

21 period of 2 years’’ and all that 

22 follows through the end of clause 

23 (i) and inserting a comma; and 

24 (ii) in subparagraph (C), in the mat25 ter preceding clause (i), by striking ‘‘clause 

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1 (ii) or (iv)’’ and inserting ‘‘clause (i) or 

2 (ii)’’; and 

3 (B) in subsection (h)(2), by striking the 

4 second sentence. 

5 (b) MEMBERS OF CONGRESS.—Section 207(e)(1) of 

6 title 18, United States Code, is amended— 

7 (1) in subparagraph (A), by striking ‘‘2 years’’ 

8 and inserting ‘‘5 years’’; and 

9 (2) in subparagraph (B)(i), by striking ‘‘Any 

10 person who is a Member of the House of Represent11 atives or an elected officer of the House of Rep12 resentatives and who, within 1 year after that per13 son leaves office,’’ and inserting ‘‘Any person who is 

14 a Member of the House of Representatives and who, 

15 within 5 years after that person leaves office, or any 

16 person who is an elected officer of the House of Rep17 resentatives and who, within 1 year after that per18 son leaves office,’’. 

Æ