Post-Employment Restrictions and the Regulation of Lobbying by Former Employees
The author describes recent post-employment provisions that restrict lobbying activities to influence the federal government by former employees of the executive and legislative branches of the federal government. These regulations implement the reforms intended by passage of the Honest Leadership and Open Government Act of 2007, as well as President Obama's Executive Order on Ethics Commitments by Executive Branch Personnel, issued on January 21, 2009. The provisions affect many lobbying activities, including attempts to influence executive policy. For example, the restrictions seek to prevent high-ranking former employees from using the information and contacts that they acquired during periods of government service to benefit private interests. Extensive lobbying creates an appearance that favors may be exchanged between private citizens and public officials. Post-employment restrictions on the executive branch reflect concerns about a "revolving door," through which, on the one hand, government regulators leave to work directly for regulated entities or to represent their interests and, on the other hand, employees of regulated interests become employees of the relevant regulatory agencies. The first sections of the chapter examine restrictions on the activities of former executive branch employees by moving from more general to more specific regulations. Enforcement of these provisions may involve criminal sanctions, civil penalties, and, in some instances, administrative action. Recent restrictions on the lobbying activities of the legislative branch - Members, officers, and higher-paid staff of the Congress - reflect themes similar to those supporting executive branch restrictions. The final section of the chapter addresses these restrictions, including the changes introduced by the Honest Leadership and Open Government Act of 2007 (HLOGA).
Federal lobbying law, Regulatory practice, Post-employment restrictions, Former federal employees
Administrative Law | Law
Vaughn, Robert. “Post-Employment Restrictions and the Regulation of Lobbying by Former Employees.” In Lobbying Manual, edited by William V. Luneburg, Thomas M Susman, and Rebecca H. Gordon, 525-545. 4th ed. Chicago: ABA Section of Administrative Law & Practice, 2009.