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Code · BILL · 115th Congress · H.R. 796 (Introduced in House) — To amend title 18, United States Code, to establish a uniform 5-year post-employment ban on the lobbying of any offic... · Sec. 2

Sec. 2. 5-year post-employment ban on lobbying of executive and legislative branch by all former government officials

1,097 words·~5 min read·/bill/115/hr/796/ih/section-2

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Paragraph
(1)of section 207(c) of title 18, United States Code, is amended to read as follows: In addition to the restrictions set forth in subsections
(a)and (b), any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including an independent agency), who is referred to in paragraph (2), and who, within 5 years after the termination of his or her service or employment as such officer or employee, knowingly makes, with the intent to influence, any communication to or appearance before any individual described in subparagraph
(B)on behalf of any other person (except the United States) in connection with any matter on which such other person seeks official action by such individual, shall be punished as provided in section 216 of this title. An individual described in this subparagraph is any of the following: An officer or employee of the executive branch of the United States (including an independent agency). A Member of Congress. An elected officer of the Senate or an employee of the Senate. An elected officer of the House of Representatives or an employee of the House of Representatives. An employee of any other legislative office of the Congress. . Subparagraph
(A)of section 207(c)(2) of such title is amended— by striking or at the end of clause (iv); by striking the period at the end of clause
(v)and inserting ; or ; and by adding at the end the following new clauses: serves in the position of Vice President of the United States; is employed in a position in the executive branch of the United States (including any independent agency) at a rate of pay payable for level I of the Executive Schedule or employed in a position in the Executive Office of the President at a rate of pay payable for level II of the Executive Schedule; or is appointed by the President to a position under section 105(a)(2)(A) of title 3 or by the Vice President to a position under section 106(a)(1)(A) of title 3. . Section 207 of such title is amended by striking subsection (d). Section 207 of such title is amended— in subparagraph
(A)of subsection (c)(2), by striking (other than a person subject to the restrictions of subsection (d)) ; by amending paragraph
(3)of subsection
(c)to read as follows: Paragraph
(1)shall apply to a member of the Independent Payment Advisory Board under section 1899A of the Social Security Act. ; in paragraph
(9)of subsection (e), by striking As used in this subsection and inserting As used in this section ; in paragraph
(1)of subsection (f), by striking subsection (c), (d), or
(e)and inserting subsection
(c)or
(e); in subparagraph
(A)of subsection (i)(1), by striking subsections (a), (c), and (d), and inserting subsections
(a)and (c), ; in subsection (j), by striking subsections (c), (d), and
(e)each place it appears in paragraph (2), subparagraph
(A)of paragraph (7), and subparagraph (B)(ii) of paragraph (7); and in paragraph
(5)of subsection (j), by striking subsections (a), (c), and
(d)and inserting subsections
(a)and
(c). Section 207(e) of such title is amended by striking paragraphs
(1)through
(6)and inserting the following: Any person who is a covered legislative branch official and who, within 5 years after leaving office or the termination of his or her service or employment as such an official, knowingly makes, with the intent to influence, any communication to or appearance before any individual described in subparagraph
(C)on behalf of any other person (except the United States) in connection with any matter on which such other person seeks official action by such individual, shall be punished as provided in section 216 of this title. In this paragraph, a covered legislative branch official is any of the following individuals: A Member of Congress. An elected officer of the Senate or an elected officer of the House of Representatives. An employee of the Senate or an employee of the House of Representatives to whom paragraph (2)(A) applies. An employee of any other legislative office of the Congress to whom paragraph (2)(B) applies. An individual described in this subparagraph is any of the following: An officer or employee of the executive branch of the United States (including an independent agency). A Member of Congress. An elected officer of the Senate or an employee of the Senate. An elected officer of the House of Representatives or an employee of the House of Representatives. An employee of any other legislative office of the Congress. . Section 207(e) of such title is amended— by redesignating paragraphs (7), (8), and
(9)as paragraphs (2), (3), and (4); in subparagraph
(A)of paragraph
(2)(as so redesignated), by striking The restrictions contained in paragraphs (2), (3), (4), and
(5)apply only to acts by a former employee and inserting the following: The restrictions contained in paragraph
(1)apply only to acts by a former employee of the Senate or a former employee of the House of Representatives ; in subparagraph
(B)of paragraph
(2)(as so redesignated), by striking The restrictions contained in paragraph
(6)apply only to acts by a former employee and inserting the following: The restrictions contained in paragraph
(1)apply only to acts by a former employee of any other legislative office of the Congress ; and in subparagraph
(G)of paragraph
(4)(as so redesignated), by striking any other agency, entity, or office in the legislative branch not covered by paragraph (1), (2), (3), (4), or
(5)of this subsection and inserting the following: and any other officer or employee of the legislative branch who is not an employee of the House of Representatives or an employee of the Senate . Paragraph
(2)of section 207(a) of such title is amended— in the heading, by striking and inserting Two-year ; and 5-year by striking within 2 years and inserting within 5 years . Paragraph
(1)of section 207(b) of such title is amended by striking for a period of 1 year and inserting for a period of 5 years . Paragraph
(1)of section 207(f) of such title is amended by striking within 1 year and inserting within 5 years . The amendments made by this section shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves a position to which subsection (a), (b), (c), or
(e)of section 207 of title 18, United States Code, as amended by this section, applies.
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