Friday, October 11, 2019

Executive Branch Service and the “Revolving Door” in Cabinet Departments: Background and Issues for Congress

"Individuals may be subject to certain restrictions when leaving the government for private employment or joining the government from the private sector. These restrictions were enacted in response to what is often referred to as the revolving door. Generally, the revolving door is described as the movement of individuals between the public and private sector. Individuals may move because they possess policy and procedural knowledge and have relationships with former colleagues that are useful to prospective employers.

Laws attempting to restrict the movement of individuals between the government and the private sector have existed since at least the late 1800s. Today’s revolving door laws focus on restricting former government employees’ representational activities that attempt to influence federal officials with whom they used to work. Found at 18 U.S.C. §207, revolving door laws for executive branch officials include (1) a lifetime ban on “switching sides” (e.g., representing a private party on the same “particular matter” involving identified parties on which the former executive branch employee had worked while in government); (2) a two-year ban on “switching sides” on a broader range of issues; (3) a one-year restriction on assisting others on certain trade and treaty negotiations; (4) a one-year “cooling off” period for certain senior officials on lobbying; (5) two-year “cooling off” periods for very senior officials from lobbying; and (6) a one-year ban on certain former officials from representing a foreign government or foreign political party. In addition to laws, executive orders have been used to place further restrictions on executive branch officials, including officials entering government. For example, President Trump issued an executive order (E.O. 13770) to lengthen “cooling off” periods for certain executive branch appointees both entering and exiting government..."
Executive branch service

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