Lobbying Ban
A prohibition on former government officials engaging in lobbying activities for a specified period after leaving public service.
Understanding Lobbying Ban
Lobbying bans are post-employment restrictions that prevent former government officials from lobbying their former colleagues, agencies, or the government more broadly. These bans exist in federal law, executive orders, and congressional rules. The primary federal statute is 18 U.S.C. 207, which imposes criminal penalties on former officials who violate post-employment lobbying restrictions.
Different positions carry different restrictions. Former members of Congress face one-year (House) or two-year (Senate) cooling-off periods. Senior executive branch officials face one-year bans on lobbying their former agencies. Presidential appointees may face additional restrictions imposed by executive orders -- for example, President Obama's Executive Order 13490 imposed a two-year lobbying ban on appointees, and President Biden's executive order similarly restricted former appointees.
Some reform proposals have called for permanent or extended lobbying bans. The proposed Anti-Corruption and Public Integrity Act would impose a lifetime lobbying ban on former members of Congress and former presidents, and extend the ban to six years for other senior officials. Critics of lobbying bans argue they may be counterproductive by driving influence activities underground or depriving the government of experienced personnel who may avoid public service if post-employment restrictions are too onerous. Enforcement of existing bans has been inconsistent, with relatively few criminal prosecutions under 18 U.S.C.
207.
Related Glossary Terms
Cooling-Off Period
A legally mandated waiting period after leaving government service during which former officials are restricted from lobbying their former colleagues or agencies.
Revolving Door
The movement of individuals between positions in government (Congress, executive agencies, military) and jobs in the private sector lobbying industry.
Honest Leadership and Open Government Act (HLOGA)
The 2007 law that strengthened lobbying disclosure requirements, tightened gift rules, extended cooling-off periods, and increased penalties for LDA violations.
Ethics in Government Act
The 1978 federal law that established financial disclosure requirements for government officials, created the Office of Government Ethics, and set post-employment restrictions.
Frequently Asked Questions
What does lobbying ban mean?
A prohibition on former government officials engaging in lobbying activities for a specified period after leaving public service.
Why is lobbying ban important in lobbying?
Lobbying bans are post-employment restrictions that prevent former government officials from lobbying their former colleagues, agencies, or the government more broadly. These bans exist in federal law, executive orders, and congressional rules. The primary federal statute is 18 U.S.C. 207, which imp...