What This Bill Does
This bill amends federal law to ban former members of Congress from lobbying the executive branch and Congress for the rest of their lives. Currently, there are temporary restrictions (like waiting periods) on former members who want to lobby. This bill removes those time limits and makes the ban permanent.
Who It Affects
Former U.S. Senators and former members of the House of Representatives.
Key Provisions
• Former members of Congress cannot contact or meet with executive branch officials (officers or employees of any department, agency, court, or court-martial) to influence them on behalf of anyone else in matters where the U.S. government is involved, has a direct interest, or where the former member previously worked on the same issue. (Sec. 2(a))
• Former members of Congress cannot contact or meet with members or staff of Congress to influence them on behalf of anyone else, applying at any point after the former member leaves office instead of just within a set time period. (Sec. 2(b))
• Violations are punished according to existing penalties in federal law. (Sec. 2(a))
• The restrictions apply to any person who is a member of Congress during the 118th Congress or any future Congress. (Sec. 2(c))
What Changes
The waiting periods that currently allow former members to lobby after a certain amount of time are replaced with lifetime bans that begin immediately when they leave office.
Important Definitions
None defined in this bill.
I
118TH CONGRESS
1ST SESSION
H. R. 351
To amend section 207 of title 18, United States Code, to ban former Senators
and Members of the House of Representatives from lobbying Congress
and the executive branch, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 12, 2023
Mr. VAN ORDEN introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend section 207 of title 18, United States Code, to
ban former Senators and Members of the House of Rep-
resentatives from lobbying Congress and the executive
branch, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Ban Congressmen
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Lobbyists Act’’.
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•HR 351 IH
SEC. 2. LIFETIME LOBBYING BAN FOR FORMER MEMBERS
1
OF CONGRESS.
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(a) LOBBYING THE EXECUTIVE BRANCH.—Section
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207(e)(1) of title 18, United States Code, is amended by
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adding at the end a new subparagraph:
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‘‘(C) MEMBERS
OF
CONGRESS
AND
THE
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EXECUTIVE
BRANCH.—Any person who is a
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Member of the House of Representatives or a
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Senator and who, at any point after that person
9
leaves office, knowingly makes, with the intent
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to influence, any communication to or appear-
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ance before any officer or employee of any de-
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partment, agency, court, or court-martial of the
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United States on behalf of any other person
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(except the United States) in connection with a
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particular matter—
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‘‘(i) in which the United States is a
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party or has a direct and substantial inter-
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est,
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‘‘(ii) in which the person participated
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personally and substantially as such officer
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or employee, and
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‘‘(iii) which involved a specific party
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or specific parties at the time of such par-
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ticipation,
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•HR 351 IH
shall be punished as provided in section 216 of
1
this title.’’.
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(b) LOBBYING CONGRESS.—Section 207(e)(1) of title
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18, United States Code, is amended—
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(1) in subparagraph (A) by striking ‘‘, within 2
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years after’’ and inserting ‘‘, at any point after’’;
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and
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(2) in subparagraph (B)—
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(A) in clause (i) by striking ‘‘Any person
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who is a Member’’ and inserting ‘‘Except as
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provided in clause (iv), any person who is a
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Member’’; and
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(B) by adding at the end the following new
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clause:
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‘‘(iv) In the case of a person who is
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a Member of the House of Representatives
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referred to in clause (i), the restriction
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under such clause applies to such person at
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any point after such person leaves office.’’.
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(c) APPLICATION.—The amendments made by this
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section shall apply to any person who is a Member of Con-
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gress during the One Hundred and Eighteenth Congress
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or any succeeding Congress.
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Æ
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