Section 207(e) of the Act, which was added by the 1989 amendments, applies only to former Members of Congress and to certain former senior officers and employees of the legislative branch. The post-employment restrictions it imposes on persons in the legislative branch are similar to those imposed on executive branch personnel by sections 207(a)(2), 207(b) and 207(c) (addressed in 1.11:620 above, 1.11:670 below and 1.11:630 above, respectively). Its prohibition is on "knowingly mak[ing], with the intent to influence, any communication to or appearance before" specified persons within the legislative branch, "on behalf of any other person (except the United States) in connection with any matter on which [the former Member or employee] seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity." The prohibition lasts for a period of one year from the date on which the former employee left the position giving rise to the prohibition. If the former employee served in more than one position with the legislative branch in the year before leaving government, it is possible that he or she may be prohibited from contacting different groups of legislative employees by virtue of each position. For example, a person serving on a Member’s personal staff through June 30, 1998, and then on a committee staff through December 31, 1998, joining a private law firm on January 1, 1999, would be barred from contacting the Member’s personal staff until July 1, 1999, and from contacting the committee staff until January 1, 2000.

The categories of legislative personnel who may not be contacted vary depending on the position held by the former Member or government employee. Thus, there are six somewhat intricate levels of prohibited contacts:

1. Former Members of Congress (who include, in addition to Senators and Representatives, Delegates and Resident Commissioners to the House of Representatives, sections 207(e)(7)(J) and (K)) are barred from contacting "any Member, officer, or employee of either House of Congress, and any employee of any other legislative office of the Congress." Section 207(e)(1)(B).
2. Former elected officers of either House of Congress (e.g., the sergeant-at-arms of either House) are barred from contacting "any Member, officer, or employee of the House of Congress in which the elected officer served." Section 207(e)(1)(C). As to employees of a joint committee, the former elected officer is barred from contact if the particular employee’s pay is disbursed by the Clerk or Secretary of the House of Congress in which that former officer served. Sections 207(e)(7)(C) and (D).
3. Former employees on a Member’s personal staff who, for at least 60 days in the aggregate during the one-year period before such employment was terminated, were paid at a level equal to or above 75 percent of the basic rate of pay of a Member of the House of Congress in which the employee was employed are barred from contacting the Member on whose staff they served, and any employee (regardless of pay level) of that Member. Sections 207(e)(2) and (6). A person is an employee of a Representative if employed "under the clerk hire allowance," section 207(e)(7)(E), and an employee of a Senator if that person "is an employee in a position in the office of a Senator," section 207(e)(7)(F).
4. Former employees on the staff of any Committee of Congress (defined to include "standing committees, joint committees and select committees," section 207(e)(7)(A)), who, for at least 60 days in the aggregate during the one-year period before such employment was terminated, were paid at a level equal to or above 75 percent of the basic rate of pay of a Member of the pertinent House of Congress are barred from contacting any Member or employee (regardless of pay level) of their former committee, and any Member (but not employee) who, even if no longer on that committee, was on it during the year prior to the former staff member’s termination. Sections 207(e)(3) and (6)(A).
5. Former employees on the leadership staff of either House of Congress who for at least 60 days in the aggregate during the one-year period before such employment was terminated were paid at a level equal to or above 75 percent of the basic rate of pay of a Member of the pertinent House of Congress are barred from contacting any Member who is a member of the leadership or any employee (regardless of pay level) on the leadership staff of the House of Congress for which the former employee served. Sections 207(e)(4) and (6). The leadership positions in the respective Houses are set forth at 207(e)(7)(L) and (M). An employee on the leadership staff means an employee of the office of a Member serving in a leadership position in either House, and "any elected minority employee of the House of Representatives." Sections 207(e)(7)(H) and (I).
6. Former employees of any other legislative office of Congress who, for at least 60 days in the aggregate during the one-year period before such employment was terminated, were in a position for which the rate of basic pay is equal to or greater than that of level V of the Executive Schedule, are barred from contacting employees (regardless of pay level) and officers of the legislative office for which the former employee worked. Sections 207(e)(5) and (6)(B). Included in this provision are officers and employees of the Architect of the Capitol, the U.S. Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, the Copyright Royalty Tribunal, the U.S. Capitol Police, and any other agency, entity, or office of the legislative branch not covered by the prior categories. Section 207(e)(7)(G).

As described under 1.11:600, above, subsection (j) of section 207 sets out seven general exceptions to some or all of the post-employment prohibitions contained in that section. The prohibition of subsection (e) is subject to six of those seven exceptions, namely, nos. (1)—Official government duties; (2)—State and local governments and institutions; (3)—International organizations; (4)—Special knowledge; (6)—Testimony; and (7) ?? Political parties and campaign committees.

It should be noted that the prohibition applies regardless of whether a former employee is seeking official action by the person contacted: the contact is prohibited if the purpose is to influence action by any Member, officer, or employee of either House. Thus, a former member of Senator X’s staff cannot contact Senator X in order to seek Senator X’s help to persuade Representative Y to take some action in Representative Y’s official capacity. On the other hand, the provision does not prohibit the former member of Senator X’s staff from approaching Representative Y directly. The only exception to this is in the case of former employees of other legislative offices, who may not contact employees of their former office for the purpose of influencing official action by that person or any other employee of their former office, but who may contact employees of their former office for the purpose of influencing official action by anyone else, including employees of a different legislative office or Members or staffers of either House of Congress. (This follows from the statutory language of section 207(e)(5), governing former employees of legislative offices, which differs from the formulation of sections 207(a)-(d) with regard to whose action is sought.)

The provisions of section 207(e) are not addressed by any reported court decisions, by Regulations, by the OGE Summary or by any OGE opinions. OGE Informal Advisory Opinion 90 x 17 (October 26, 1990) , which provides a summary of all the other post-employment restrictions of 18 U.S.C. § 207 as they stood after the 1989 amendments, does not address section 207(e). Thus, little official guidance beyond the language of the statute is currently available.