II 

115TH CONGRESS 

1ST SESSION S. 522 

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 2, 2017 

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. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS AP4 POINTED TO EXECUTIVE SCHEDULE POSI5 TIONS AND MEMBERS OF CONGRESS. 

6 (a) INDIVIDUALS APPOINTED TO EXECUTIVE SCHED7 ULE POSITIONS.— 

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

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


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1 ‘‘(d) RESTRICTIONS ON VERY SENIOR PERSONNEL

2 OF THE EXECUTIVE BRANCH AND INDEPENDENT AGEN3 CIES.— 

4 ‘‘(1) VICE PRESIDENT.— 

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

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

7 any person who serves in the position of Vice 

8 President of the United States and who, within 

9 2 years after the termination of that person’s 

10 service in that position, knowingly makes, with 

11 the intent to influence, any communication to 

12 or appearance before any person described in 

13 subparagraph (B), on behalf of any other per14 son (except the United States), in connection 

15 with any matter on which such person seeks of16 ficial action by any officer or employee of the 

17 executive branch of the United States, shall be 

18 punished as provided in section 216 of this title. 

19 ‘‘(B) PERSONS WHO MAY NOT BE CON20 TACTED.—A person described in this subpara21 graph is— 

22 ‘‘(i) any officer or employee of any de23 partment or agency in which the Vice 

24 President served within a period of 1 year 

25 before the Vice President’s service or emVerDate Sep 11 2014 23:31 Mar 07, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522

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1 ployment with the United States Govern2 ment terminated; and 

3 ‘‘(ii) any person appointed to a posi4 tion in the executive branch which is listed 

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

6 5316 of title 5. 

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

8 IN EXECUTIVE SCHEDULE AND EQUIVALENT POSI9 TIONS.— 

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

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

12 the restrictions set forth in subsections (a) and 

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

14 executive branch for which the rate of pay is 

15 the rate of pay payable for any level of the Ex16 ecutive Schedule under subchapter II of chapter 

17 53 of title 5 who, within 5 years after the ter18 mination of his or her service or employment in 

19 such position, knowingly makes, with the intent 

20 to influence, any communication to or appear21 ance before any officer or employee of any de22 partment or agency in the executive branch, on 

23 behalf of any other person (except the United 

24 States), in connection with any matter on which 

25 such person seeks official action by any officer 


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1 or employee of such department or agency, shall 

2 be punished as provided in section 216 of this 

3 title. 

4 ‘‘(B) SPECIAL GOVERNMENT EMPLOY5 EES.—Subparagraph (A) shall not apply to a 

6 special Government employee who serves less 

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

8 her service or employment as such employee 

9 terminates. 

10 ‘‘(C) WAIVER.— 

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

12 in clause (ii), at the request of a depart13 ment or agency, the Director of the Office 

14 of Government Ethics may waive the re15 strictions under subparagraph (A) with re16 spect to a position, or a category of posi17 tions, if the Director determines that— 

18 ‘‘(I) the imposition of the restric19 tions with respect to the position, or 

20 category of positions, would create an 

21 undue hardship on the department or 

22 agency in obtaining qualified per23 sonnel to fill the position, or category 

24 of positions; and 


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1 ‘‘(II) granting the waiver would 

2 not create the potential for use of 

3 undue influence or unfair advantage. 

4 ‘‘(ii) EXCLUDED POSITIONS.—The Di5 rector of the Office of Government Ethics 

6 may not waive the restrictions under sub7 paragraph (A) with respect to— 

8 ‘‘(I) a position in the executive 

9 branch (including any independent 

10 agency) for which the rate of pay is 

11 the rate of pay payable for level I of 

12 the Executive Schedule; or 

13 ‘‘(II) a position in the Executive 

14 Office of the President for which the 

15 rate of pay is the rate of pay for level 

16 II of the Executive Schedule.’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENTS.—Section 207 of title 18, United States 

19 Code, is amended— 

20 (A) in subsection (c)(2)— 

21 (i) in subparagraph (A)— 

22 (I) by striking clauses (i) and 

23 (iii); 


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1 (II) by redesignating clauses (ii), 

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

3 (iii), respectively; and 

4 (III) in clause (i), as so redesig5 nated— 

6 (aa) by striking ‘‘which is 

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

8 first place it appears and insert9 ing ‘‘for which the rate of pay is 

10 not specified in or fixed accord11 ing to subchapter II of chapter 

12 53 of title 5’’; and 

13 (bb) by striking ‘‘, or, for a 

14 period of 2 years’’ and all that 

15 follows through the end of clause 

16 (i) and inserting a comma; and 

17 (ii) in subparagraph (C), in the mat18 ter preceding clause (i), by striking ‘‘clause 

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

20 (ii)’’; and 

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

22 second sentence. 

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

24 title 18, United States Code, is amended— 


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

2 and inserting ‘‘5 years’’; and 

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

4 person who is a Member of the House of Represent5 atives or an elected officer of the House of Rep6 resentatives and who, within 1 year after that per7 son leaves office,’’ and inserting ‘‘Any person who is 

8 a Member of the House of Representatives and who, 

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

10 person who is an elected officer of the House of Rep11 resentatives and who, within 1 year after that per12 son leaves office,’’. 

Æ 


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