Sec. 102. Lobbyist ban
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/bill/115/s/3357/is/section-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No former registered lobbyist or agent of a foreign principal who has engaged in a lobbying contact, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), during his or her registration may be hired as an officer or employee of an Executive agency during the 2-year period beginning on the date on which the registered lobbyist terminates his or her registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates his or her status, as applicable.
No former registered corporate lobbyist may be hired as an officer or employee of an Executive agency during the 6-year period beginning on the date on which the registered corporate lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates its status, as applicable. The President may waive the ban described in subparagraph
(A)for any appointment to a position in an Executive agency that requires the advice and consent of the Senate based on a compelling national need. The President or the Director of the Office of Public Integrity may waive the ban described in subparagraph
(A)and the prior employer recusal provision described in section 208(e) of title 18, United States Code, as added by section 103(a) of this Act for any appointment to a position in an Executive agency that does not require the advice and consent of the Senate. A waiver made under this subparagraph shall— be made publicly available and searchable by the Director of the Office of Public Integrity; include a justification sent to Congress for why the registered lobbyist or agent of a foreign principal, as applicable, brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set; and with respect to a nomination to a position described in clause (i)— specifically identify the next-best candidate who was not a registered lobbyist or agent of a foreign principal, as applicable; and include a justification for why the next-best candidate was not nominated for the position. No former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a Member of Congress or a committee of either House of Congress during the 2-year period beginning on the date on which the registered lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates its status, as applicable. No former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a Member of Congress or a committee of either House of Congress during the 6-year period beginning on the date on which the registered corporate lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates its status, as applicable. Any Member of Congress may waive the ban described in subparagraph
(A)for an officer or employee of that Member of Congress or of a committee of either House of Congress on which the Member serves as a chair or ranking member based on a compelling national need. A waiver made under this subparagraph shall— be submitted to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, and to the Office of Congressional Ethics; be made publicly available and searchable by the Office of Congressional Ethics; include a justification made publicly available for why the registered lobbyist or agent of a foreign principal, as applicable, brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set; and be made only after the Congressional Ethics Board submits to the Member of Congress and to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, a public recommendation regarding such a waiver. No former employee of a for-profit entity that was awarded a Federal contract or Federal license by an Executive agency may be an officer or employee of the Executive agency that awarded the contract or Federal license during the 4-year period beginning on the date on which the employee terminates its employment with the entity. The ban described in subparagraph
(A)may be waived in accordance with subsection (a)(1)(C). No former senior executive of a covered entity may be an officer or employee of an Executive agency, a Member of Congress, a committee of either House of Congress, or either House of Congress during the 6-year period beginning on the later of— the date of the settlement; and the date on which the enforcement action has concluded.
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