Overview
Title
To amend title 18, United States Code, to prohibit former Members of Congress from engaging in lobbying contacts.
ELI5 AI
H. R. 8173 says that after people stop being Senators or Representatives in Congress, they cannot talk to or try to convince important government officials to change things, like a rule or decision, for a while.
Summary AI
H. R. 8173 seeks to amend title 18 of the United States Code to prohibit former Members of Congress from engaging in lobbying activities. Specifically, it prevents Senators and House Representatives, after leaving office, from making lobbying contacts with certain government officials. It also applies to elected officers of the House of Representatives, restricting them from contacting or appearing before certain individuals with the intent to influence official action within one year of leaving office. These changes would be effective for those leaving office after the conclusion of the 118th Congress's first session or December 31, 2023, whichever comes first.
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AnalysisAI
Summary of the Bill
The proposed legislative bill, identified as H. R. 8173, aims to amend existing United States laws to prevent former Members of Congress from engaging in lobbying activities immediately after leaving office. The bill outlines that any former member who knowingly tries to influence U.S. governmental bodies through lobbying contacts will face penalties. This measure extends to certain officers and staff of Congress, who will be restricted from lobbying for a year after leaving their positions. This amendment is set to apply to individuals who leave office after the first session of the 118th Congress or by the end of 2023.
Summary of Significant Issues
One of the primary challenges with this bill is its reliance on definitions from another legal document, the Lobbying Disclosure Act of 1995, for terms such as "lobbying contact" and "covered executive branch official." If these definitions change or are unclear, it could lead to enforcement issues or misinterpretation of the prohibition's scope. Additionally, the bill uses complex legal jargon, making it less accessible to the general populace, potentially obscuring understanding and compliance. There are also practical enforcement challenges, especially regarding proving an individual's "intent to influence," which can be subjective and difficult to ascertain. Furthermore, the stipulated effective date—hinging on the congressional calendar or a fixed date—could lead to confusion if dates shift or are misinterpreted. Including straightforward examples or guidelines could help clarify what constitutes prohibited lobbying activities, aiding compliance.
Broad Public Impact
The bill's primary goal is to reduce the potential for undue influence by former lawmakers over current government officials, thereby increasing public trust in governmental processes. If successfully enforced, it could minimize conflicts of interest and promote a more level playing field in the policymaking environment, which benefits the general public by aiming for transparency and fairness.
Impact on Specific Stakeholders
For former Members of Congress, this bill significantly impacts their post-office career opportunities, particularly in the lucrative lobbying industry. Immediate restrictions on lobbying may motivate former members to seek alternative career paths or delay their engagement in lobbying, thus potentially lowering the revolving door phenomenon between Congress and lobbying agencies. For lobbying firms, this could result in a talent gap, as they often rely on the connections and insider knowledge of former lawmakers to influence policy effectively. On the other hand, advocacy groups concerned about ethical governance may view this as a positive step towards reducing corruption and ensuring that personal gain does not compromise public interest.
Moreover, for regulatory agencies and the legal system, enforcing these new rules may require additional resources and clarity to ensure comprehensive understanding and adherence, highlighting the need for precise execution and oversight. Overall, while the bill seeks to uphold ethical standards within U.S. governance, its efficacy will depend greatly on clearly defined terms, transparent communication, and enforceable structures.
Issues
The reliance on definitions of 'lobbying contact' and 'covered executive branch official' from the Lobbying Disclosure Act of 1995 in Section 1(a)(1)(B) creates potential legal uncertainties. If these definitions change or are ambiguous, it could impact the enforceability and clarity of the proposed prohibition on lobbying by former Members of Congress.
The use of complex legal language, such as 'shall be punished as provided in section 216 of this title' in Section 1(a)(1)(A), could make the bill difficult to understand for the general public and those without legal expertise, reducing transparency and accountability.
The challenge of determining the 'intent to influence' in communications made by former officers of the House of Representatives, as outlined in Section 1(a)(2)(B)(i), may pose significant enforcement issues, as intent can be inherently subjective and difficult to prove.
Specifying the effective date as either the date of adjournment of the first session of the One Hundred Eighteenth Congress sine die or December 31, 2023, in Section 1(b), might cause confusion due to potential changes in these dates or misinterpretations, affecting the timing of enforcement.
The bill could benefit from clearer examples or guidelines within Section 1 to help former Members of Congress better understand what constitutes a prohibited lobbying contact, thereby improving compliance and understanding of the new restrictions.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Prohibition on lobbying contacts by former Members of Congress Read Opens in new tab
Summary AI
Former members of Congress are prohibited from making lobbying contacts with executive branch officials or others in Congress right after leaving office. Changes also apply to certain staff and officers who are restricted from lobbying for one year after leaving, and these rules are effective for those exiting their roles after the first session of the 118th Congress or by the end of 2023, whichever comes first.