Order Code RL34008
Lobbying Reform Legislation:
Side-by-Side Analysis of Lobbying Provisions in
S. 1 and H.R. 2316, 110th Congress
May 18, 2007
Jack Maskell
Legislative Attorney
American Law Division

---

Lobbying Reform Legislation: Side-by-Side Analysis of
Lobbying Provisions in S. 1 and H.R. 2316,
110th Congress
Summary
This report is intended to provide a quick reference chart and short analysis
comparing the lobbying reform provisions in S. 1, 110th Congress, as passed by the
Senate, with the lobbying reform legislation reported in the House, H.R. 2316, 110th
Congress. The chart examines and analyzes the provisions of the bills in question as
they relate to the general area of lobbying and lobbying disclosure, and with regard
to post-employment lobbying restrictions on Members of Congress and congressional
staff.
Although the Senate bill, S. 1, contains provisions dealing with lobbying
disclosure, internal Senate ethics rules, and procedural reforms in the Senate, H.R.
2316 focuses more narrowly on lobbying disclosure reforms, as the House adopted
procedural and internal ethics changes earlier in the present Congress. The changes
made to the internal House Rules on January 4, 2007, in H.Res. 6, and the proposed
amendments to the Senate Rules in S. 1, regarding the broader area of “ethics” and
such things as the receipt of outside private gifts by Members and staff, the
acceptance of “officially connected” travel expenses, and travel on private corporate
aircraft, are analyzed in CRS Report RL33893, Gifts and Ethics Rules: Side-by-Side
Comparison of Provisions of S. 1 and H.Res. 6, 110th Congress, by Jack Maskell. In
addition, the proposals to amend the pension provisions of federal law with regard
to Members of Congress who have been convicted of certain federal corruption
charges, proposed in S. 1, as passed by the Senate, and as adopted separately by the
House in H.R. 476, 110th Congress, are analyzed in CRS Report 96-530, Loss of
Federal Pensions for Members of Congress Convicted of Certain Offenses, by Jack
Maskell.
The provisions of H.R. 2316 that are analyzed in this report are those that have
been ordered to be reported from the House Judiciary Committee and published on
the House Rules Committee website on May 18, 2007.

---

Contents
Side-by-Side Comparison of the Provisions of S. 1 and H.R. 2316,
110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

---

Lobbying Reform Legislation: Side-by-Side
Analysis of Lobbying Provisions in S. 1 and
H.R. 2316, 110th Congress
This report is intended to provide a quick reference chart and short analysis
comparing the lobbying reform provisions in S. 1, 110th Congress, as passed by the
Senate, with the lobbying reform legislation reported in the House, H.R. 2316, 110th
Congress. The chart examines and analyzes the provisions of the bills in question as
they relate to the general area of lobbying and lobbying disclosure, and with regard
to post-employment lobbying restrictions on Members of Congress and congressional
staff.
Although the Senate bill, S. 1, contains provisions dealing with lobbying
disclosure, internal Senate ethics rules, and procedural reforms in the Senate, H.R.
2316 focuses more narrowly on lobbying disclosure reforms, as the House adopted
procedural and internal ethics changes earlier in the present Congress. The changes
made to the internal House Rules on January 4, 2007, in H.Res. 6, and the proposed
amendments to the Senate Rules in S. 1, regarding the broader area of “ethics” and
such things as the receipt of outside private gifts by Members and staff, the
acceptance of “officially connected” travel expenses, and travel on private corporate
aircraft, are analyzed in CRS Report RL33893, Gifts and Ethics Rules: Side-by-Side
Comparison of Provisions of S. 1 and H.Res. 6, 110th Congress, by Jack Maskell. In
addition, the proposals to amend the pension provisions of federal law with regard
to Members of Congress who have been convicted of certain federal corruption
charges, proposed in S. 1, as passed by the Senate, and as adopted separately by the
House in H.R. 476, 110th Congress, are analyzed in CRS Report 96-530, Loss of
Federal Pensions for Members of Congress Convicted of Certain Offenses, by Jack
Maskell.
The provisions of H.R. 2316 that are analyzed in this report are those that have
been ordered to be reported from the House Judiciary Committee and published on
the House Rules Committee website on May 18, 2007.

---

CRS-2
Side-by-Side Comparison of the Provisions of S. 1 and H.R. 2316, 110th Congress
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Lobbying Disclosures
Timing of filing lobbying reports Lobbying Disclosure Act of 1995
Section 211(a). Requires quarterly, instead Section 201(a). Requires quarterly, instead of
[LDA] requires periodic reports from
of semi-annual, filing of lobbying
semi-annual, filing of lobbying disclosure
registered lobbyists to be filed semi-
disclosure reports by registered lobbyists,
reports by registered lobbyists, not later than 45
annually, within 45 days of January
not later than 20 days after January 1, April days after January 1, April 1, July 1, and
1st and July 1st. (2 U.S.C. § 1604(a)).
1, July 1, and October 1 of each year.
October 1 of each year.
Threshold amounts to trigger
Current law establishes certain
Section 211(b). Threshold amounts are
Section 201(b). Threshold amounts are
registration, reports and
amounts of income or expenditures by
adjusted, generally halved, to reflect new
adjusted, generally halved, to reflect new
disclosures.
a person or entity within a six-month
quarterly reporting periods, rather than
quarterly reporting periods, rather than semi-
reporting period to “trigger” the
semi-annual periods.
annual periods.
registration and reporting requirements
of LDA, see 2 U.S.C. §§ 1602, 1603,
1610.
Disclosure of political
Current lobbying law does not address Section 212. Requires additional public
Section 204. Requires additional public
committees established by a
issue in LDA of 1995, but rather
reporting by registrants and lobbyists of
reporting by registrants and lobbyists of political
registrant.
certain political committees must file
political committees established by
committees established by registrant. (Adding 2
reports pursuant to federal campaign
registrant. (Adding 2 U.S.C. §
U.S.C. § 1604(e)(1)(C)).
law, the Federal Election Campaign
1604(d)(1)(B)).
Act [FECA].Side-by-Side Comparison
of the Provisions of S. 1 and H.R.
2316, 110th Congress.

---

CRS-3
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Disclosure of political
Current lobbying law does not address Section 212. Requires registrants and
Section 204. Requires registrants and lobbyists
contributions by a registrant or
issue in LDA of 1995, but rather
lobbyists in quarterly reports to disclose
in quarterly reports to disclose political
registrant’s political committee.
certain political contributions for
political contributions exceeding $200 to
contributions exceeding $200 to federal
federal elections must be disclosed and federal candidates, officeholders,
candidates, officeholders, leadership PACs or
reported by the recipient pursuant to
leadership PACs or party committees made party committees made by registrant or lobbyist
FECA.
by registrant or lobbyist or political
or political committee established by registrant.
committee established by registrant.
(Adding 2 U.S.C. §1604(e)(1)(D)).
(Adding 2 U.S.C. §1604(d)(1)(C)).
Disclosure of fundraising events. No provision in LDA. FECA does not Section 212. Requires disclosure of fund-
No provision.
have express disclosure provisions for
raising events hosted, co-hosted or
“hosting” fundraisers, but certain
sponsored by lobbyist or registrant’s
outlays of funds or in-kind services for political committee for a federal candidate,
fundraisers for candidates may trigger
officeholder, leadership PAC or party
“contribution” limits and reporting
committee. (Adding 2 U.S.C. §
requirements by recipients. See 11
1604(d)(1)(D)).
C.F.R. § 100.75, 100.77.
Disclosure of “bundled” political No provision in LDA. FECA does not Section 212. Requires in quarterly
No provision. But see provisions proposed in
contributions collected or
address “bundling” specifically, but
lobbying reports the disclosure of
H.R. 2317, 110th Congress, regarding disclosure
arranged by a lobbyist.
addresses disclosures regarding
“bundled” political contributions collected
of contributions received and forwarded by, or
“conduits” of “earmarked”
or arranged for a federal candidate,
specifically credited or attributed to, a lobbyist
contributions by requiring disclosures
officeholder, leadership PAC or party
or registrant for a federal officeholder or
of original contributors, unless
committee. (Adding 2 U.S.C. §
candidate.
“conduit” exercises “direction or
1604(d)(1)(E)).
control” over the choice of the
recipient, then contribution is deemed
to come from both original source and

---

CRS-4
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
conduit. 2 U.S.C. § 441a(a)(8); 11
C.F.R. § 110.6.
Disclosure of travel payments
No current provision in LDA
Section 212. Requires in quarterly
No similar reporting. Requires in section 203 a
provided to covered official
expressly addressing travel payments
lobbying reports the detailed disclosure of
certification in quarterly reports that the
made to covered officials. House and
amounts, purpose and itinerary of any
registrant or lobbyist did not provide any gift,
Senate Rules currently restrict the
payments for officially connected travel
“including travel,” to a Member, officer or
acceptance of “officially connected”
provided for the benefit of a federal
employee of Congress that is in violation of the
travel expenses from most lobbyists
official. (Adding 2 U.S.C. § 1604(d)(1)(F)). House or Senate Rules, but no further reporting
and their clients, and require
of providing “officially connected” travel
disclosure of privately paid “officially
expenses permitted by Rules.
connected” travel. House Rule XXV,
Senate Rule XXXV.
Disclosure of provision of
No current provision in LDA.
Section 212. Requires in quarterly
Section 204. Requires in quarterly lobbying
payments for events, retreats,
lobbying reports the disclosure of payments reports the disclosure of payments (i) for events
conferences, or testimonials for
(i) for events honoring or recognizing
honoring or recognizing federal officials, (ii) to
covered officials.
federal officials, (ii) to an entity named in
an entity named in honor of a covered federal
honor of a covered federal official or to a
official or to a person or entity in recognition of
person or entity in recognition of such
such official, (iii) made to organizations
official, (iii) made to organizations
associated with such officials, or (iv) made to
associated with such officials, or (iv) made
pay the costs of retreats, conferences or similar
to pay the costs of retreats, conferences or
events for the benefit of 1 or more covered
similar events for the benefit of 1 or more
federal officials. (Adding 2 U.S.C. §
covered federal officials (Adding 2 U.S.C.
1604(e)(1)(E).)
§ 1604(d)(1)(G).

---

CRS-5
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Disclosure of FECA-reported
No provision in LDA. FECA
See more extensive “bundling” disclosure
Section 204. Requires any information on being
information concerning
addresses “earmarked” contributions
requirements, Section 212.
the “conduit” for “earmarked” campaign
“conduit” forwarding of
made through a “conduit” as a
contributions, required to be disclosed under the
“earmarked” contributions.
contribution from the original
FECA, to be reported in quarterly lobbying
contributor, to be reported and
reports under LDA. (Adding 2 U.S.C. §
disclosed as such by recipient. 2
1604(e)(1)(F)).
U.S.C. § 441a(a)(8); 11 C.F.R.
§110.6(a),(c). If the conduit or
intermediary, however, exercises
“direction or control over the choice of
the recipient candidate,” then the
contribution will be considered also
from conduit, as well as from original
contributor. 11 C.F.R. § 110.6(d).
Disclosure of funds provided to
No provision in LDA. FECA requires
No provision.
Section 204. Requires registrants and lobbyists
527 organizations.
the disclosure by the recipient of
in quarterly reports to disclose “any funds
“contributions” made to “political
provided” to a 527 political organization.
committees,” but not all contributions
(Adding 2 U.S.C. § 1604(e)(1)(G)).
to “527” political organizations are
disclosed under FECA (but over a
certain threshold are to the IRS)
Disclosure of “gifts” made to
No current provision in LDA.
Section 212. Requires in quarterly lobbying No similar reporting requirement, but requires,
covered officials.
reports the disclosure of gifts in excess of
in Section 203, a certification in quarterly
$20 made to covered officials from
reports that the registrant or lobbyist did not
lobbyists or their political committees.
provide any gift, “including travel,” to a
(Adding 2 U.S.C. § 1604(d)(1)(H)).
Member, officer or employee of Congress that is

---

CRS-6
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
in violation of the House or Senate Rules.
Disclosure of contributions to a
No current provision in LDA.
Section 212. Requires in quarterly
No provision.
presidential library or
lobbying reports the disclosure of
presidential inaugural
contributions to a presidential library or
committee.
presidential inaugural committee. (Adding
2 U.S.C. § 1604(d)(1)(I)).
Identifying public or private
No express provision, but registrant
Section 213. Requires lobbyists in
No provision.
entity clients in quarterly reports. must currently identify “client” and
quarterly reports (2 U.S.C. § 1604(b)) to
describe “business or activities” of the disclose whether a client is a public entity
client, in the registration statement. 2
(including a State or local government or a
U.S.C. § 1603(b).
department, agency, special purpose district
or other instrumentality of a State), or a
private entity.
Electronic database of lobbyists’
2 U.S.C. § 1605 requires reports and
Section 214. Requires Secretary of Senate
Section 208. Requires Secretary of Senate and
registrations and reports.
registrations to be made to the
and Clerk of the House to maintain and
Clerk of the House to maintain and make
Secretary of the Senate and the Clerk
make available to the public over the
available to the public over the Internet a free
of the House. No current requirement
Internet a free searchable, sortable, and
searchable, sortable, and downloadable
for maintaining and providing access
downloadable electronic database of
electronic database of reports and registrations
to electronic database.
reports and registrations made under this
made under this Act, and to link such
Act, and to link such information to the
information to the campaign financing reports
campaign financing reports and
and information disclosed to the Federal
information disclosed to the Federal
Election Commission under FECA. Requires
Election Commission under FECA.
electronic reports to be available over the
Requires electronic reports to be available
Internet within 48 hours.
over the Internet within 48 hours.

---

CRS-7
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Identification of any past
Current law requires identification of a Section 215. Requires the identification of Section 207. Requires the identification of any
Government service.
registrant, or lobbying-employee, who
any registrant, or lobbying-employee of an
registrant, or lobbying-employee of an
served as a covered legislative or
organization, who has at any time served as organization, who has at any time served as a
executive branch official within the
a covered legislative branch or executive
covered legislative branch or executive branch
past 2 years. 2 U.S.C. § 1603(b)(6).
branch official.
official.
Fines for violations of law.
Current civil penalty in LDA for
Section 216. Increases the Lobbing
Section 301. Increases the Lobbing Disclosure
failure to file within 60 days’-“notice
Disclosure Act’s specific penalty for
Act’s specific penalty for knowing violations of
of defect” from Secretary or Senate or
knowing violations of the law from
the law from $50,000 to $100,000.
Clerk of House, or knowing failure to
$50,000 to $200,000.
comply with any other provision of
LDA, is $50,000.
Coalition lobbying: disclosure of The “client” of a lobbyist is
Section 217. Requires identification of
Section 206. Requires identification of the
organizational members of
considered to be the “coalition” itself
certain organizational participants in a
organizational members of a coalition or an
coalition as “client.”
which retains the lobbyist, and not the
lobbying “coalition.” Would require
association when such coalition or association
individual organizational members of
identification by a lobbyist of any
employs or retains “other persons to conduct
the coalition (2 U.S.C. §1602(2)),
organization (in addition to client
lobbying activities,” when the member is
unless an organization contributes
“coalition”) which contributes more than
expected to contribute $500 or more to the
more than $10,000 in a semi-annual
$5,000 in any quarterly period, and which
coalition’s lobbying in a reporting quarter.
reporting period and “in whole or in
“participates in a substantial way in the
Exempts from disclosure member organizations
major part plans, supervises, or
planning, supervision, or control” of the
of a coalition which is itself incorporated as a
controls” the lobbying activities of the lobbying activities of the coalition’s
501(c)(3) charitable or educational organization;
registered lobbyist. (2 U.S.C.
registrant. Members of coalitions publicly
any other non-profit, tax exempt organization
§1603(b)(3)).
known to be affiliated with coalition, or for which has “substantial exempt activities other
whom funding of coalition has been
than lobbying” on the specific issue for which it
publicly disclosed, need not be listed in
engaged the lobbyist; or any organization for
registration statement unless that
which there is publicly available knowledge of

---

CRS-8
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
organization “in whole or in major part
affiliates, unless such affiliate in whole or major
plans, supervises, or controls” lobbying
part plans, controls or supervises such lobbying.
activities of lobbyist. In no event must
In no event must individuals who are members
individuals who are members of or donors
of or donors to a “client” entity need to be
to a “client” entity need to be disclosed.
disclosed.
Referrals of violations.
Administrators of LDA to whom
Section 218. Clerk of House and Secretary No provision.
reports and registration statements are
of Senate are required to make publicly
filed (Clerk of the House and the
available the number per year of lobbyists
Secretary of the Senate) are authorized and lobbying firms that were referred to
by law to make referrals to the U.S.
U.S. Attorney for noncompliance. U.S.
Attorney for D.C. in cases of
Attorney for D.C. must report semi-
noncompliance with the disclosure
annually to the Senate Committees on
provisions, when the lobbyist or
Judiciary, and Homeland Security &
lobbing firm has been notified “in
Government Affairs, and House
writing and has failed to make an
Committees on the Judiciary, and
appropriate response within 60 days
Oversight and Government Reform, the
after notice.” 2 U.S.C. § 1605(8).
aggregate number of enforcement actions
taken under the Act.
Electronic filing of registrations
Not required by law, but Clerk of
Section 219. Places statutory requirement
Section 202. Places statutory requirement to file
and reports.
House and Secretary of Senate have
to file the lobbying disclosure reports in
the lobbying disclosure reports in electronic
developed electronic filing options.
electronic form, and requires the Clerk of
form with the Clerk of the House and Secretary
the House and Secretary of the Senate to
of the Senate.
use the same electronic software for receipt
and recording of the filings.

---

CRS-9
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Foreign Agents Registration Act
No current provision in Foreign
Section 220. Amends FARA to require
No provision.
electronic filings and data bank.
Agents Registration Act [FARA],
electronic filing of foreign agent
which requires registration and
registration statements and updates made to
reporting to Department of Justice by
the Attorney General, and requires A.G. to
agents of foreign principles. (22
maintain and make available for free over
U.S.C. § 611 et seq.)
the Internet a searchable, sortable and
downloadable database of foreign agent
filings and updates under FARA, and link
such information to the information
disclosed in reports filed with the Federal
Election Commission.
Gifts from lobbyists and
Congressional Rules regulate
Section 221. In addition to the other
Section 203. Requires in quarterly reports a
congressional ethics rules -
Members and staff accepting gifts
information required to be filed in periodic
certification that the registrant or lobbyist did
certification and prohibition.
from lobbyists, but Rules do not
reports by lobbyists, each filer must certify not provide any gift, “including travel,” to a
extend to lobbyists themselves who
that the lobbying firm, registrant, or each
Member, officer or employee of Congress that is
are outside of jurisdiction of ethics
employee listed as a lobbyist of an
in violation of the House or Senate Rules.
committees. Lobbyists prohibited from organization or firm, has not “provided,
Section 205. Expressly prohibits a registrant
offering “bribes,” “illegal gratuities”
requested or directed” a gift (including
lobbyist, an organization that registers 1 or more
to Members or staff (18 U.S.C. 201),
travel) to a Member or employee of
employees as lobbyists, and such
or engaging in a scheme to defraud the Congress, the acceptance of which would
employee/lobbyist, from making any gift,
public out of the “honest services” of
constitute a violation of the House or
including travel, to a Member or staffer of
their public officials. 18 U.S.C. §§
Senate Rules on gifts.
Congress, if the person has knowledge that such
1341, 1343, 1346.
gift may not be accepted under the House or
Senate Rules.
Criminal penalties
Current LDA does not provide express Section 222. Provides additional criminal
Section 301. Provides additional, express
criminal penalty; but, intentional false
penalty for knowing, willful and corrupt
criminal penalty for “corruptly” failing to

---

CRS-10
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
filing to a federal agency may be
failure to comply with LDA of up to 10
comply with LDA of imprisonment of up to 5
“false statement” (18 U.S.C. §1001),
years’ imprisonment, and/or fine up to
years and/or fine up to $250,000 for an
with criminal penalty up to 5 years’
$250,000 for an individual, and $500,000
individual, and up to $500,000 for an
imprisonment, and fine per § 3571.
for an organization (see18 U.S.C. § 3571).
organization (see 18 U.S.C. § 3571).
Audits of Lobby Disclosure
No current provisions.
Section 231. Requires the Comptroller
No provision
reports
General to annually audit lobbying
registrations/reports under the LDA of
1995 to determine compliance or
noncompliance with law, and report to
Congress with recommendations for
improvement of compliance.
Lobbying by Member’s family.
No current provision of law or Rule.
Section 113. Amends Senate Rule to
Section 401. Amends House Rules to require a
See general “conflict of interest”
require a Member to prohibit staff from
Member to prohibit all staff employed by a
provision in Senate Rule 37.
having official contact with any of that
Member, including personal, committee or
Senator’s “immediate family” who are
leadership offices, from having official contact
registered lobbyists or who are employed
with a spouse of a Member of the House if that
by a lobbyist to influence legislation
spouse is a “lobbyist” under LDA of 1995, or is
(Section 113(a)), except prohibition will
employed or retained by such a lobbyist to
not apply to a spouse of a Senator already a influence legislation.
registered lobbyist at least 1 year prior to
the election of the Member, or 1 year prior
to their marriage. (Section 113(c)). But
Senators and employees of a Senate office,
including personal, committee or leadership
offices, also prohibited from having official
contact with a spouse of any Senator if that

---

CRS-11
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
spouse is a “lobbyist” or is retained by a
registered lobbyist. (Section 113(b)).
Non-applicability to campaign
LDA provisions currently apply only
No provision.
Section 209. Provides expressly that
committees
to registrants - “lobbyists,” as defined,
amendments made to LDA “shall not apply to
and organizations whose employees
the activities of any political committee
are lobbyists because they engage in
described in” FECA.
certain amount of direct lobbying.
Other Provisions
Influencing private employment
No specific provisions in current law.
Section 114. Would amend Senate Rules
Section 102. Would amend federal criminal law
decisions
(Senate Rule XLIII) to prohibit a Senator
to prohibit a Member from taking or
from taking or withholding, or threatening
withholding, or threatening or promising to take
or promising to take or withhold, any
or withhold, any official act, or to influence or to
official act, or to influence or to offer to
offer to influence an official act of another, with
influence an official act of another, with the the intent to influence on basis of partisan
intent to influence on the basis of partisan
political affiliation an employment decision or
political affiliation an employment decision employment practice of a private entity.
or employment practice of a private entity.
Lobbying by Contractors of the
No specific provision in current law.
No provision.
Section 103. Prohibits a private attorney or law
Congress
firm (including the employing law firm of an
attorney) which contracts with a Member,
committee, leadership office, or working group
or caucus in Congress from “lobbying” any
Member, officer or employee of either House of
Congress during the pendency of that contract,
and for one year after the contract ends.

---

CRS-12
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Increased availability of certain
No provision in current law.
No provision.
Section 402. Requires the Clerk of the House to
disclosures over Internet
post on the public Internet site of the Office of
the Clerk the written advanced authorizations
and the disclosures required for Members,
officers and employees of the House with
respect to “officially connected” travel expenses
accepted by Members and staff from private
sources under House Rule XXV.
Requires the Clerk of the House to post on the
public Internet site of the Office of the Clerk the
personal financial disclosure reports filed under
the Ethics in Government Act of 1978 by
Members of the House.
Post-Employment, “Revolving
Door” Lobbying Provisions
Statutory 1-Year “Cooling Off”
Members of Congress, elected
Section 241. Would expand from 1-year to No provision.
Period for Members and senior
congressional officers, and senior
2-years the “cooling off” period on
staff
congressional staff (those earning a
Members of Congress and elected officers,
salary at the rate of 75% of a
whereby they would not be able to “lobby”
Member’s salary) are limited for one
Congress for 2-years after leaving office
year after leaving office from making
(Sec. 241(b)(1)); would expand the 1-year
certain communications with intent to
cooling off period to 2 years for “very
influence to Congress. Members and
senior” executive branch officials (cabinet
elected officers may not lobby anyone
officers and certain others) (Section
in either House of Congress for one
241(b)); and would keep the 1-year cooling
year (18 U.S.C. § 207(e)(1)); while
for staff, but amend the 1-year provision to

---

CRS-13
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
former senior staff may not lobby their prohibit lobbying the entire House of
former office or committee for one
Congress in which they had worked, rather
year. (18 U.S.C. § 207(e)(2)-(5).
than merely their former office.
Would add a new restriction for former
Members and elected officers to include
behind-the-scenes activities, advice, or
consultations that former Member or
officer may have “in support of ... lobbying
contacts” made on behalf of a client,
“including preparation and planning
activities, research and other background
work that is intended, at the time it is
performed, for use in contacts, and the
coordination of the lobbying activities of
others.” (Section 241(b)(3) and (c)(4)).
“Revolving Door,” post-
All representations of Indian tribes by
Section 110. Would more closely conform No provisions.
employment conflicts of interest
former federal officers or employees
exemption for representing Indian tribes by
- representing Indian tribes
are now exempt from “revolving door” former federal officials to current
law at 18 U.S.C. § 207 by provisions
exemption for representing State or local
of Indian Self-Determination Act, 25
governments by former federal officials,
U.S.C. §450i(j).
that is, exempting acts of former officials
who carry out official duties or as elected
officials for state or local governments or
for tribes.

---

CRS-14
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
1-Year “Cooling Off” Period —
Current Senate Rule, Rule
Section 111. Would amend Senate Rule
No provision.
Senate Rule
XXXVII(9), prohibits all former staff
XXXVII to prohibit all “senior” Senate
who have become registered lobbyists
staff (paid at rate of 75% of Member’s
or are in employ of such to influence
salary) from lobbying entire Senate for one
legislation, from lobbying their former year after leaving office.
office for 1 year.
Negotiating Private Employment No current restrictions for Members,
Section 112. Amends Senate Rules to
Section 101. Amends House Rules to prohibit
officers or employees of the legislative prohibit Senators from negotiating or
Members from negotiating or having an
branch of Government.
having an arrangement concerning
arrangement concerning prospective private
prospective private employment until the
employment until the Member’s successor has
Senator’s successor has been elected,
been elected, unless the Member, within 3 days
unless the Senator, within 3 days after
after “negotiations” begin, files with the House
“negotiations” begin, files a publicly
Committee on Standards of Official Conduct a
disclosed signed statement with the
statement including the names of the private
Secretary of the Senate revealing the names parties or private entities involved, and the date
of the private parties or private entities
such negotiations or arrangements commenced.
involved, and the date such negotiations or
arrangements commenced. If the job is to
Senior staff (earning in excess of 75% of a
involve “lobbying activities,” the Senator
Member’s salary) must notify within 3 days the
may not negotiate or have an arrangement
Committee on Standards of Official Conduct
for such employment until after his or her
that he or she is negotiating or has an
successor is elected.
arrangements for future private employment.
Senior staff (compensated at a rate of 75%
Members and staff must recuse themselves from
of a Senator) would be required to notify
“any matter” in which there is a conflict or an
the S. Select Committee on Ethics within 3
appearance of a conflict of interest for that
days about the commencement of
Member or employee under this Rule, and notify

---

CRS-15
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
negotiations or arrangements for
the House Committee on Standards of such
prospective private employment. Such an
recusal. If a Member recuses himself or herself,
employee is then required to recuse himself the Member shall submit to the Clerk for public
or herself concerning any official matter
disclosure the statement made to the Committee
which would create a conflict or an
on Standards.
appearance of a conflict of interest because
of such negotiations or arrangements, and
to notify the Ethics Committee.

---