No revolving doors in FMS Act of 2025

Bill Number

H.R. 3582

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Crime and Law Enforcement

Status

Introduced

Latest Action

2025-05-23: Referred to the House Committee on the Judiciary.

Last Updated

2025-07-30T12:52:03Z

AI-Generated Summary

Purpose

The "No Revolving Doors in FMS Act of 2025" (H.R. 3582) aims to prevent former employees of the U.S. Department of State and the Department of Defense (DoD) from using their government experience to lobby or influence federal decisions on foreign military sales (FMS). FMS refers to the U.S. government's process of selling defense articles, services, and training to foreign countries under the Arms Export Control Act. The legislation seeks to close a "revolving door" loophole in ethics rules, promoting integrity in national security decisions.

Key Provisions

• Scope of Prohibition: Applies to individuals who were State Department or DoD employees and participated in any FMS-related program, project, or activity (authorized under chapter 2 of the Arms Export Control Act, 22 U.S.C. § 2761 et seq.) within the 3 years before leaving federal employment.
• Restricted Activities: These former employees are barred from knowingly communicating with or appearing before federal officers, employees, agencies, or Congress if the intent is to influence FMS determinations.
• Penalties: Violations are punishable under 18 U.S.C. § 216, which addresses penalties for government officials acting as agents of foreign principals or engaging in improper influence (typically fines or imprisonment).
• Technical Amendment: Redesignates an existing paragraph in 18 U.S.C. § 207(f) and inserts the new restriction as paragraph (3).

Significant Changes to Existing Law

• Amends 18 U.S.C. § 207(f), which currently regulates post-employment activities for former executive branch employees (often called "cooling-off" periods to prevent immediate lobbying).
• Introduces a targeted, permanent ban specific to FMS matters, unlike broader or temporary restrictions in current law. This fills a gap by focusing on arms sales, an area not explicitly covered in prior revolving door rules for these departments.

Potential Impacts

• On Government Agencies: Strengthens the State Department and DoD's ability to make impartial FMS decisions by reducing insider influence from former staff, potentially streamlining internal ethics enforcement.
• On Citizens and Lobbyists: Limits opportunities for former officials to profit from their expertise in defense sales, which could deter some from entering public service but enhance public trust in government processes.
• On International Relations: May slow or complicate FMS negotiations with foreign partners by restricting access to knowledgeable ex-officials, but it could improve the perceived fairness and transparency of U.S. arms export policies, affecting global defense trade dynamics.

Main Stakeholders Affected

• Former State Department and DoD Employees: Directly restricted from FMS-related lobbying, impacting their career transitions to private sector roles.
• Defense Industry and Lobbying Firms: Reduced access to insider advocates, potentially increasing costs for influencing FMS approvals.
• Federal Agencies and Congress: Gain tools to monitor and penalize improper influence, with added administrative responsibilities for enforcement.
• Foreign Governments and U.S. Allies: Indirectly affected through potential delays in arms sales processes.

Notable Legal, Constitutional, or Political Implications

• Legal: Builds on existing federal ethics statutes (e.g., the Ethics in Government Act framework) without creating new penalties, but enforcement would rely on the Department of Justice, possibly leading to increased investigations of post-employment activities.
• Constitutional: The restrictions target communications intended to influence official acts, aligning with precedents upholding limits on former officials' lobbying (e.g., under the First Amendment, as in United States v. Harriss, which allows regulation of undue influence). No broad speech suppression, but challenges could arise if seen as overly vague.
• Political: Addresses bipartisan concerns about corruption in defense policy, co-sponsored by representatives from both parties. It signals a push for stricter accountability in national security, potentially influencing future ethics reforms amid debates on foreign influence in U.S. arms deals.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Davidson, Warren [R-OH-8]

Cosponsors (6)

Rep. Jacobs, Sara [D-CA-51], Rep. Jayapal, Pramila [D-WA-7], Rep. Tlaib, Rashida [D-MI-12], Rep. Omar, Ilhan [D-MN-5], Rep. Biggs, Sheri [R-SC-3], Rep. Harris, Andy [R-MD-1]

Recent Actions

• 2025-05-23: Referred to the House Committee on the Judiciary.
• 2025-05-23: Introduced in House
• 2025-05-23: Introduced in House

Bill Versions

• No revolving doors in FMS Act of 2025 — issued 2025-05-23 — PDF (2 pages)