H.R.3582 - No revolving doors in FMS Act of 2025 (119th Congress)
Summary
H.R.3582, the "No Revolving Doors in FMS Act of 2025," aims to amend Title 18 of the United States Code, specifically section 207, to restrict former employees of the State Department and the Department of Defense from lobbying the Federal Government on matters related to foreign military sales (FMS). The bill targets individuals who, within three years of leaving federal employment, participated in FMS programs authorized under the Arms Export Control Act.
The bill seeks to prevent potential conflicts of interest and undue influence by former government officials in the FMS process. It introduces penalties, as provided in section 216 of Title 18, for those who violate the lobbying restrictions.
The bill was introduced in the House of Representatives on May 23, 2025, and referred to the Committee on the Judiciary.
Expected Effects
The primary effect of this bill, if enacted, would be to create a cooling-off period for former State Department and Department of Defense employees involved in foreign military sales.
This would limit their ability to immediately leverage their government experience and connections to lobby for or against such sales. This could lead to a more transparent and potentially less biased decision-making process regarding foreign military sales.
Potential Benefits
- Reduced potential for conflicts of interest: Prevents former officials from unduly influencing FMS decisions.
- Increased transparency: May lead to a more open and fair process in foreign military sales.
- Enhanced public trust: Could improve public confidence in government decision-making related to defense and foreign policy.
- Level playing field: Limits the advantage that former government employees might have over others in the private sector.
- Discourages quid pro quo: Reduces the incentive for government employees to make decisions favorable to future employers.
Potential Disadvantages
- Limits career options: May restrict the post-government employment opportunities for some individuals.
- Potential loss of expertise: Could prevent the government from benefiting from the knowledge and experience of former employees.
- Increased compliance costs: May require additional resources to monitor and enforce the lobbying restrictions.
- Possible legal challenges: The restrictions could be challenged on First Amendment grounds (freedom of speech).
- Unintended consequences: Could lead to less experienced individuals being involved in lobbying efforts.
Constitutional Alignment
The bill's constitutionality could be debated under the First Amendment, which protects freedom of speech and the right to petition the government. However, the government can impose reasonable restrictions on speech, especially concerning lobbying activities, to prevent corruption or conflicts of interest.
The restrictions imposed by the bill appear to be narrowly tailored to address a specific concern (revolving door influence in FMS) and do not broadly prohibit speech on other topics. The bill aligns with the principle of preventing corruption and ensuring fair governance, which are implicit goals within the Constitution's structure.
It is designed to ensure the integrity of governmental processes, which aligns with the Constitution's aim to "establish Justice" and "promote the general Welfare."
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).