Post Employment, "Revolving Door," Restrictions for Legislative Branch Members and Employees

Post Employment, "Revolving Door," Restrictions for Legislative Branch Members and Employees

95-52 A
December 29, 1994
CRS Report for Congress
Received through the CRS Web
Post Employment, "Revolving Door," Restrictions
for Legislative Branch Members and Employees
Jack Maskell
Legislative Attorney
American Law Division
Summary
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This report provides a brief discussion of the post-employment restrictions, often
called "revolving door" laws, that are applicable to Members, officers and employees of
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Congress after they leave congressional service or employment.
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Background
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The restrictions on certain private employment activities after the termination of one's
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employment with or service in Congress derive substantially from amendments to the
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federal criminal code, at 18 U.S.C. § 207, in the Ethics Reform Act of 1989, effective
January 1, 1991.1 These provisions included the legislative branch for the first time in
restrictions that before had applied only to certain high level executive branch officials.
The relevant provisions, in addition to prohibiting Members of Congress from lobbying or
advocating for private parties before the entire Congress and legislative branch for one
year after leaving office, bar certain congressional staff (depending on their compensation
level), for one year after leaving their congressional employment, from undertaking certain
representational or advocacy activities on behalf of private interests before that Member,
or before that committee or legislative office, which had employed the individual. 18
U.S.C. § 207(e).
The restrictions within the post employment provisions are based on broad "conflict
of interest" principles, and seek to limit possible attempts to exert undue or improper
influence on the government on behalf of private parties by former government officials
now in the private sector who may be seen to have left their government post to "cash in"
on their "inside" knowledge and personal influence with those persons remaining in the
1 P.L. 101-194, Title I, § 101(a), 103 Stat. 1716, November 30, 1989, as amended by P.L.
101-280.
Congressional Research Service ˜ The Library of Congress

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government.2 Another interest of the government is to protect itself from the influence and
allure that a lucrative private arrangement, or the prospect of such an arrangement, may
have on a current federal official when dealing with prospective private clients or
employers while still with the government, that is, "that the government employee not be
influenced in the performance of public duties by the thought of later reaping a benefit
from a private individual."3
The relevant restrictions may be summarized briefly as follows:
1. One-year "Cooling Off" Period
Senators, Representatives, elected officers of Congress, and covered employees of
the legislative branch are now subject to a so-called "cooling off" or "no contact" period
for one year after they leave congressional office or employment. Employees of the
legislative branch are covered, generally, if they are compensated at a rate equal to or
above 75 percent of the rate of pay of a Member of the House or Senate.4
Contacts within restriction - The restrictions are focused on advocacy
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communications, such as lobbying or other representational activities before Congress.
The statute does not apply merely to any "contact" that a former Member or employee
may have with Congress, a former employing Member, committee or legislative office.
Rather, the law applies more narrowly to one who knowingly makes, "with the intent to
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influence, any communication to or appearance before" the Member, office or committee
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"on behalf of any other person (except the United States) in connection with any matter
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on which such former employee seeks action by a Member, officer, or employee ... in his
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or her official capacity."5 The restriction is thus not merely on "contacts" or
"communications" per se, but on communications which attempt to influence a Member
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or staff to act in an "official capacity" on a certain matter, such as, for example, on
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legislation, appropriations, or to intervene with an administrative agency on a matter.
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Members and elected officers - Members of the Senate and the House of
Representatives, and elected officers of Congress, are prohibited for a year after leaving
Congress from lobbying or making other advocacy contacts with any Member, officer or
employee of either House of Congress, or to any employee of a legislative office. 18
U.S.C. §207(e)(1).
Personal staff of Members - Employees on the personal staff of a Member of
the House or Senate, if such employees meet the salary threshold, may not make advocacy
2 See S.Rpt. No. 99-396, 99th Congress, 2d Session (1986), and S.Rpt. No. 100-101, 100th
Congress, 1st Session (1987).
3 Brown v. District of Columbia Board of Zoning, 423 A.2d 1276, 1282 (D.C. App. 1980);
note General Motors Corporation v. City of New York, 501 F.2d 639, 648-652 (2d Cir. 1974), as
to appearances of improprieties in such situations.
4 18 U.S.C. § 207(e)(6)(A). At current congressional salaries, as of this writing in 1994, a
House or Senate employee would be covered if that person is compensated at an annual rate equal
to or in excess of $100,200 (75% of $133,600).
5 18 U.S.C. § 207(e)(2) - (5).

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or representational contacts covered by these provisions to that Member of Congress, or
to any of the Member's employees, for one year after they leave office. 18 U.S.C.
§207(e)(2).
Committee staff - Committee staffers covered by these provisions will be barred
from making such advocacy contacts and representations for a year after leaving office to
any Member or employee of their former committee, or to any Member who was on the
committee during the last year of the staffer's employment. 18 U.S.C. §207(e)(3).
Leadership staff - Covered employees of a leadership office of the House or
Senate will be barred from making such advocacy contacts and representational
communications with intent to influence for a year after leaving office to any Member or
employee of the leadership office of the House or Senate, respectively. 18 U.S.C. §
207(e)(4). The leadership members and staff include the Speaker, majority leader, minority
leader, majority whip, minority whip, chief deputy majority whip, chief deputy minority
whip, chairman of the Democratic Steering Committee, chairman and vice chairman of the
Democratic Caucus, chairman, vice chairman and secretary of the Republican Conference,
chairman of the Republican Research Committee, and Chairman of the Republican Policy
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Committee, of the House of Representatives. 18 U.S.C. § 207(e)(7)(L).
2. Exceptions to "Cooling Off" Period
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Since the post-employment restrictions of 18 U.S.C. § 207 are for the protection of
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the United States Government, the advocacy limitations do not generally concern one's
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activities performed in the course of official duties on behalf of the United States, or as
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an elected official of any State or local government, after leaving the federal government.
18 U.S.C. § 207(j)(1). Similarly, communications as an employee of a State or local
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government on behalf of such governmental entity, or on behalf of an institution of higher
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education or a non-profit hospital, are permitted. 18 U.S.C. § 207(j)(2). There are limited
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exemptions for appearances and communications on behalf of international organizations
in which the United States is a member when approved by the Secretary of State (18
U.S.C. § 207(j)(3)), communications based on one's personal knowledge of a matter
(where no compensation is received) (18 U.S.C. § 207(j)(4)), and an exception for the
furnishing of scientific and technical information (18 U.S.C. § 207(j)(5)). Finally, there
is a specific exception for the providing of testimony that is under oath, or making
statements that are required to be made under penalty of perjury. 18 U.S.C. § 207(j)(6).
3. REPRESENTING FOREIGN GOVERNMENTS
Members and "senior" legislative branch employees covered by the one-year "cooling
off" period are also prohibited for a year after leaving office from representing an official
foreign entity before the United States, or aiding or advising such entity with intent to
influence any decision of an agency or employee of the United States Government. 18
U.S.C. §207(f).
4. Trade or Treaty Negotiations
There is a further restriction on all officers and employees of the government,
including Members of Congress and all congressional staff, who worked personally and
substantially on a treaty or trade negotiation and who had access to information which is

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not subject to disclosure under the Freedom of Information Act, from using such
information for one year after leaving the government for the purpose of aiding, assisting,
advising, or representing anyone other than the United States regarding such treaty or
trade negotiation. 18 U.S.C. §207(b)(1).
5. Lobbying Restrictions on All Senate Staff
All employees of the Senate remain subject to the Senate Rule governing lobbying
after they leave Senate employment. Senate Rule XXXVII, clause 9, applies to all former
staffers who have become registered lobbyists, or are employed by a registered lobbyist
to influence legislation. Such former staffers are prohibited for one year after leaving the
Senate from lobbying the Senator for whom they used to work or the Senator's staff; or
if they were committee staff, may not lobbying the Members or the staff of that committee
for one year.
6. Acceptance of Civil Office by Retiring Member
A Member of Congress may not, before the expiration of his or her term, accept a
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civil office in the United States Government if that office was created, or the salary for the
office had been increased during the Member's current term. United States Constitution,
Article I, Section 6, clause 2. This constitutional provision would by its terms prevent a
Member of Congress from retiring from Congress before his or her current term has
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expired, and accepting such a civil position with the government.
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