Title: 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.
Policy area: Government Operations and Politics

Summary:
This bill amends the federal criminal code to increase to five years the ban on individuals appointed to executive schedule positions (except special government employees who serve less than 60 days in a 1-year period) from engaging in lobbying activities in the executive branch.
The Office of Government Ethics may waive lobbying restrictions for certain executive schedule employees if it determines that the restrictions would create an undue hardship in obtaining qualified personnel for agency positions and granting such waiver would not create the potential for use of undue influence or unfair advantage.
The bill increases to five years the ban on lobbying activities by Senators or Members of the House of Representatives.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 522 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS APPOINTED TO EXECUTIVE 
              SCHEDULE POSITIONS AND MEMBERS OF CONGRESS.

    (a) Individuals Appointed to Executive Schedule Positions.--
            (1) In general.--Section 207(d) of title 18, United States 
        Code, is amended to read as follows:
    ``(d) Restrictions on Very Senior Personnel of the Executive Branch 
and Independent Agencies.--
            ``(1) Vice president.--
                    ``(A) Restrictions.--In addition to the 
                restrictions set forth in subsections (a) and (b), any 
                person who serves in the position of Vice President of 
                the United States and who, within 2 years after the 
                termination of that person's service in that position, 
                knowingly makes, with the intent to influence, any 
                communication to or appearance before any person 
                described in subparagraph (B), on behalf of any other 
                person (except the United States), in connection with 
                any matter on which such person seeks official action 
                by any officer or employee of the executive branch of 
                the United States, shall be punished as provided in 
                section 216 of this title.
                    ``(B) Persons who may not be contacted.--A person 
                described in this subparagraph is--
                            ``(i) any officer or employee of any 
                        department or agency in which the Vice 
                        President served within a period of 1 year 
                        before the Vice President's service or 
                        employment with the United States Government 
                        terminated; and
                            ``(ii) any person appointed to a position 
                        in the executive branch which is listed in 
                        section 5312, 5313, 5314, 5315, or 5316 of 
                        title 5.
            ``(2) Five-year restriction on individuals in executive 
        schedule and equivalent positions.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), and in addition to the 
                restrictions set forth in subsections (a) and (b), any 
                individual employed in a position in the executive 
                branch for which the rate of pay is the rate of pay 
                payable for any level of the Executive Schedule under 
                subchapter II of chapter 53 of title 5 who, within 5 
                years after the termination of his or her service or 
                employment in such position, knowingly makes, with the 
                intent to influence, any communication to or appearance 
                before any officer or employee of any department or 
                agency in the executive branch, on behalf of any other 
                person (except the United States), in connection with 
                any matter on which such person seeks official action 
                by any officer or employee of such department or 
                agency, shall be punished as provided in section 216 of 
                this title.
                    ``(B) Special government employees.--Subparagraph 
                (A) shall not apply to a special Government employee 
                who serves less than 60 days in the 1-year period 
                before his or her service or employment as such 
                employee terminates.
                    ``(C) Waiver.--
                            ``(i) Authority.--Except as provided in 
                        clause (ii), at the request of a department or 
                        agency, the Director of the Office of 
                        Government Ethics may waive the restrictions 
                        under subparagraph (A) with respect to a 
                        position, or a category of positions, if the 
                        Director determines that--
                                    ``(I) the imposition of the 
                                restrictions with respect to the 
                                position, or category of positions, 
                                would create an undue hardship on the 
                                department or agency in obtaining 
                                qualified personnel to fill the 
                                position, or category of positions; and
                                    ``(II) granting the waiver would 
                                not create the potential for use of 
                                undue influence or unfair advantage.
                            ``(ii) Excluded positions.--The Director of 
                        the Office of Government Ethics may not waive 
                        the restrictions under subparagraph (A) with 
                        respect to--
                                    ``(I) a position in the executive 
                                branch (including any independent 
                                agency) for which the rate of pay is 
                                the rate of pay payable for level I of 
                                the Executive Schedule; or
                                    ``(II) a position in the Executive 
                                Office of the President for which the 
                                rate of pay is the rate of pay for 
                                level II of the Executive Schedule.''.
            (2) Technical and conforming amendments.--Section 207 of 
        title 18, United States Code, is amended--
                    (A) in subsection (c)(2)--
                            (i) in subparagraph (A)--
                                    (I) by striking clauses (i) and 
                                (iii);
                                    (II) by redesignating clauses (ii), 
                                (iv), and (v) as clauses (i), (ii), and 
                                (iii), respectively; and
                                    (III) in clause (i), as so 
                                redesignated--
                                            (aa) by striking ``which is 
                                        not referred to in clause (i)'' 
                                        the first place it appears and 
                                        inserting ``for which the rate 
                                        of pay is not specified in or 
                                        fixed according to subchapter 
                                        II of chapter 53 of title 5''; 
                                        and
                                            (bb) by striking ``, or, 
                                        for a period of 2 years'' and 
                                        all that follows through the 
                                        end of clause (i) and inserting 
                                        a comma; and
                            (ii) in subparagraph (C), in the matter 
                        preceding clause (i), by striking ``clause (ii) 
                        or (iv)'' and inserting ``clause (i) or (ii)''; 
                        and
                    (B) in subsection (h)(2), by striking the second 
                sentence.
    (b) Members of Congress.--Section 207(e)(1) of title 18, United 
States Code, is amended--
            (1) in subparagraph (A), by striking ``2 years'' and 
        inserting ``5 years''; and
            (2) in subparagraph (B)(i), by striking ``Any person who is 
        a Member of the House of Representatives or an elected officer 
        of the House of Representatives and who, within 1 year after 
        that person leaves office,'' and inserting ``Any person who is 
        a Member of the House of Representatives and who, within 5 
        years after that person leaves office, or any person who is an 
        elected officer of the House of Representatives and who, within 
        1 year after that person leaves office,''.
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