Lobbying Reform Legislation: Side-by-Side Analysis of Lobbying Provisions in S. 1 and H.R. 2316, 110th Congress

Lobbying Reform Legislation: Side-by-Side Analysis of Lobbying Provisions in S. 1 and H.R. 2316, 110th Congress

Order Code RL34008
Lobbying Reform Legislation:
Side-by-Side Analysis of Lobbying Provisions in
S. 1 and H.R. 2316, 110th Congress
Updated June 1, 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 S.1 analyzed are those in the bill as passed by the Senate on
January 18, 2007; and the provisions of H.R. 2316 that are analyzed in this report are
those contained in the legislation as passed by the House of Representatives on May
24, 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 S.1 analyzed are those in the bill as passed by the Senate on
January 18, 2007; and the provisions of H.R. 2316 that are analyzed in this report are
those contained in the legislation as passed by the House of Representatives on May
24, 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
Lobbying Disclosure Act of 1995 [LDA] Section 211(a). Requires quarterly, instead of
Section 201(a). Requires quarterly, instead of
reports
requires periodic reports from registered
semi-annual, filing of lobbying disclosure
semi-annual, filing of lobbying disclosure
lobbyists to be filed semi-annually,
reports by registered lobbyists, not later than
reports by registered lobbyists, not later than
within 45 days of January 1st and July
20 days after January 1, April 1, July 1, and
45 days after January 1, April 1, July 1, and
1st. (2 U.S.C. § 1604(a)).
October 1 of each year.
October 1 of each year.
Threshold amounts to trigger
Current law establishes certain amounts
Section 211(b). Threshold amounts are
Section 201(b). Threshold amounts are
registration, reports and
of income or expenditures by a person or adjusted, generally halved, to reflect new
adjusted, generally halved, to reflect new
disclosures
entity within a six-month reporting
quarterly reporting periods, rather than semi-
quarterly reporting periods, rather than semi-
period to “trigger” the registration and
annual periods.
annual periods.
reporting requirements of LDA, see 2
U.S.C. §§ 1602, 1603, 1610.
Disclosure of “earmark”
No express reporting provision now in
No provision.
Section 203(b). Amends provision requiring
requests
LDA. A registrant must now report
periodic reports from lobbyists (2 U.S.C. §
“issues” and “bill numbers” concerning
1604(b)(2)(A)), to require information on
which “lobbying activities” were
“requests for Congressional earmarks” made
performed. 2 U.S.C. § 1604(b)(2)(A).
by registrant.
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 certain
reporting by registrants and lobbyists of
reporting by registrants and lobbyists of
registrant.
political committees must file reports
political committees established by registrant.
political committees established by registrant.
pursuant to federal campaign law, the
(Adds 2 U.S.C. § 1604(d)(1)(B)).
(Adds 2 U.S.C. § 1604(e)(1)(C)).
Federal Election Campaign Act [FECA].

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
contributions by a registrant
issue in LDA of 1995, but rather certain
lobbyists in quarterly reports to disclose
lobbyists in quarterly reports to disclose
or registrant’s political
political contributions for federal
political contributions over $200 to federal
political contributions over $200 to federal
committee.
elections must be disclosed and reported candidates, officeholders, leadership PACs or
candidates, officeholders, leadership PACs or
by the recipient pursuant to FECA.
party committees made by registrant or
party committees made by registrant or
lobbyist or political committee established by
lobbyist or political committee established by
registrant. (Adds 2 U.S.C. §1604(d)(1)(C)).
registrant. (Adds 2 U.S.C. §1604(e)(1)(D)).
Disclosure of fundraising
No provision in LDA. FECA does not
Section 212. Requires disclosure of fund-
No provision.
events.
have express disclosure provisions for
raising events hosted, co-hosted or sponsored
“hosting” fundraisers, but certain outlays by lobbyist or registrant’s political committee
of funds or in-kind services for
for a federal candidate, officeholder,
fundraisers for candidates may trigger
leadership PAC or party committee. (Adds 2
“contribution” limits and reporting
U.S.C. § 1604(d)(1)(D)).
requirements by recipients. 11 C.F.R.
§§ 100.75, 100.77.
Disclosure of “bundled”
No provision in LDA. FECA does not
Section 212. Requires in quarterly lobbying
Section 204(b). Requires, in quarterly
political contributions
expressly address “bundling,” but
reports the disclosure of “bundled” political
lobbying reports, disclosure of 2 or more
collected or arranged by a
addresses disclosures regarding
contributions collected or arranged for a
campaign contributions, exceeding a total of
lobbyist.
“conduits” of “earmarked” contributions federal candidate, officeholder, leadership
$5,000, received and forwarded by, or credited
by requiring disclosures of original
PAC or party committee. (Adds 2 U.S.C. §
or attributed to, a lobbyist or registrant for a
contributors, unless “conduit” exercises
1604(d)(1)(E)).
federal officeholder or candidate, leadership
“direction or control” over the choice of
PAC, multi-candidate committee, or a political
the recipient, then contribution is
party committee. Requires lobbyist to send a
deemed to come from both original
report by certified mail to recipient-covered
source and conduit. 2 U.S.C. §
official containing information that will be
441a(a)(8); 11 C.F.R. § 110.6.
reported. (Adds 2 U.S.C. § 1604(f)).

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

CRS-5
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Disclosure of FECA-reported No provision in LDA. FECA addresses
No specific provision, but see “bundling”
Section 204. Requires any information on
information concerning
“earmarked” contributions made through disclosure requirements, Section 212.
being the “conduit” for “earmarked” campaign
“conduit” forwarding of
a “conduit” as a contribution from the
contributions, required to be disclosed under
“earmarked” contributions.
original contributor, to be reported and
the FECA, to be reported in quarterly lobbying
disclosed as such by recipient. 2 U.S.C.
reports under LDA. (Adding 2 U.S.C. §
§ 441a(a)(8); 11 C.F.R. §110.6(a),(c). If
1604(e)(1)(F)).
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
No provision in LDA. FECA requires
No provision.
Section 204. Requires registrants and
to 527 organizations.
the disclosure by the recipient of
lobbyists in quarterly reports to disclose “any
“contributions” made to “political
funds provided” to a 527 political
committees,” but not all contributions to
organization. (Adding 2 U.S.C. §
“527” political organizations are
1604(e)(1)(G)).
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 $20
in Section 203(b), a certification in quarterly
made to covered officials from lobbyists or
reports that the registrant or lobbyist did not
their political committees. (Adding 2 U.S.C. §
provide any gift, “including travel,” to a
1604(d)(1)(H)).
Member, officer or employee of Congress that
is in violation of the House or Senate Rules.

CRS-6
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Disclosure of contributions to No current provision in LDA.
Section 212. Requires in quarterly lobbying
No provision.
a presidential library or
reports the disclosure of contributions to a
presidential inaugural
presidential library or presidential inaugural
committee.
committee. (Adding 2 U.S.C. § 1604(d)(1)(I)).
Identifying public or private
No express provision, but registrant
Section 213. Requires lobbyists in quarterly
No provision.
entity clients in quarterly
must currently identify “client” and
reports (2 U.S.C. § 1604(b)) to disclose
reports.
describe “business or activities” of the
whether a client is a public entity (including a
client, in the registration statement. 2
State or local government or a department,
U.S.C. § 1603(b).
agency, special purpose district or other
instrumentality of a State), or a private entity.
Electronic database of
2 U.S.C. § 1605 requires reports and
Section 214. Requires Secretary of Senate and Section 208. Requires Secretary of Senate and
lobbyists’ registrations and
registrations to be made to the Secretary
Clerk of the House to maintain and make
Clerk of the House to maintain and make
reports.
of the Senate and the Clerk of the House. available to the public over the Internet a free
available to the public over the Internet a free
No current requirement for maintaining
searchable, sortable, and downloadable
searchable, sortable, and downloadable
and providing access to electronic
electronic database of reports and registrations electronic database of reports and registrations
database.
made under this Act, and to link such
made under this Act, and to link such
information to the campaign financing reports
information to the campaign financing reports
and information disclosed to the Federal
and information disclosed to the Federal
Election Commission under FECA. Requires
Election Commission under FECA. Requires
electronic reports to be available over the
electronic reports to be available over the
Internet within 48 hours.
Internet within 48 hours.
Identification of any past
A registrant or lobbying-employee must
Section 215. Requires identification of a
Section 207. Requires identification of any
Government service.
disclose if he/she served as a covered
registrant, or lobbying-employee of an entity
registrant, or lobbying-employee of an entity
official within the past 2 years. 2 U.S.C. who has at any time served as a covered
who has at any time served as a covered
§ 1603(b)(6).
legislative branch or executive branch official.
legislative branch or executive branch official.

CRS-7
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Fines for violations of law.
Current civil penalty in LDA for failure
Section 216. Increases the Lobbing
Section 301. Increases the Lobbing
to file within 60 days’-“notice of defect” Disclosure Act’s specific penalty for knowing
Disclosure Act’s specific penalty for knowing
from Secretary or Senate or Clerk of
violations of the law from $50,000 to
violations of the law from $50,000 to
House, or knowing failure to comply
$200,000.
$100,000.
with any other provision of LDA, is
$50,000.
Coalition lobbying:
The “client” of a lobbyist is considered
Section 217. Requires identification of certain Section 206. Requires identification of the
disclosure of organizational
to be the “coalition” itself which retains
organizational participants in a lobbying
organizational members of a coalition or an
members of coalition as
the lobbyist, and not the individual
“coalition.” Would require identification by a
association when such coalition or association
“client.”
organizational members of the coalition
lobbyist of any organization (in addition to
employs or retains “other persons to conduct
(2 U.S.C. §1602(2)), unless an
client “coalition”) which contributes more than lobbying activities,” when member is expected
organization contributes more than
$5,000 in any quarterly period, and which
to contribute $500 or more to the coalition’s
$10,000 in a semi-annual reporting
“participates in a substantial way in the
lobbying in a quarter. Exempts member-
period and “in whole or in major part
planning, supervision, or control” of the
organization of a coalition which is itself
plans, supervises, or controls” the
lobbying activities of the coalition’s registrant. incorporated as a 501(c)(3) charitable or
lobbying activities of the registered
Members of coalitions publicly known to be
educational organization; any other non-profit,
lobbyist. (2 U.S.C. §1603(b)(3)).
affiliated with coalition, or for whom funding
tax-exempt organization which has
of coalition has been publicly disclosed, need
“substantial exempt activities other than
not be listed in registration statement unless
lobbying” on the specific issue for which it
that organization “in whole or in major part
engaged the lobbyist; or any organization for
plans, supervises, or controls” lobbying
which there is publicly available knowledge of
activities of lobbyist. In no event must
affiliates, unless such affiliate in whole or
individuals who are members of or donors to a major part plans, controls or supervises such
“client” entity need to be disclosed.
lobbying. In no event must individuals who
are members of or donors to a “client” entity
need to be disclosed.

CRS-8
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Referrals of violations.
Administrators of LDA to whom reports
Section 218. Clerk of House and Secretary of
No provision.
and registration statements are filed
Senate are required to make publicly available
(Clerk of the House and the Secretary of
the number per year of lobbyists and lobbying
the Senate) are authorized by law to
firms that were referred to U.S. Attorney for
make referrals to the U.S. Attorney for
noncompliance. U.S. Attorney for D.C. must
D.C. in cases of noncompliance with the report semi-annually to the Senate Committees
disclosure provisions, when the lobbyist
on Judiciary, and Homeland Security &
or lobbing firm has been notified “in
Government Affairs, and House Committees
writing and has failed to make an
on the Judiciary, and Oversight and
appropriate response within 60 days
Government Reform, the aggregate number of
after notice.” 2 U.S.C. § 1605(8).
enforcement actions taken under the Act.
Electronic filing of
Not required by law, but Clerk of House
Section 219. Places statutory requirement to
Section 202. Places statutory requirement to
registrations and reports.
and Secretary of Senate have developed
file the lobbying disclosure reports in
file the lobbying disclosure reports in
electronic filing options.
electronic form, and requires the Clerk of the
electronic form with the Clerk of the House
House and Secretary of the Senate to use the
and Secretary of the Senate.
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
No current provision in Foreign Agents
Section 220. Amends FARA to require
No provision.
Act electronic filings and
Registration Act [FARA], which
electronic filing of foreign agent registration
data bank.
requires registration and reporting to
statements and updates made to the Attorney
Department of Justice by agents of
General, and requires A.G. to maintain and
foreign principles. (22 U.S.C. § 611 et
make available for free over the Internet a
seq.)
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 Members
Section 221. In addition to the other
Section 203(a). Requires in quarterly reports
congressional ethics rules -
and staff accepting gifts from lobbyists,
information required to be filed in periodic
a certification that the registrant or lobbyist did
certification and prohibition.
but Rules do not extend to lobbyists
reports by lobbyists, each filer must certify
not provide any gift, “including travel,” to a
themselves who are outside of
that the lobbying firm, registrant, or each
Member, officer or employee of Congress that
jurisdiction of ethics committees.
employee listed as a lobbyist of an
is in violation of the House or Senate Rules.
Lobbyists prohibited from offering
organization or firm, has not “provided,
“bribes,” “illegal gratuities” to Members requested or directed” a gift (including travel)
Section 205. Expressly prohibits a registrant
or staff (18 U.S.C. 201), or engaging in a to a Member or employee of Congress, the
lobbyist, an organization that registers 1 or
scheme to defraud the public out of the
acceptance of which would constitute a
more employees as lobbyists, and such
“honest services” of their public
violation of the House or Senate Rules on
employee/lobbyist, from making any gift,
officials. 18 U.S.C. §§ 1341, 1343,
gifts.
including travel, to a Member or staffer of
1346.
Congress if the donor has knowledge that such
gift may not be accepted under the House or
Senate Rules.

CRS-10
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
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
filing to a federal agency may be “false
failure to comply with LDA of up to 10 years’
comply with LDA of imprisonment of up to 5
statement” (18 U.S.C. §1001), with
imprisonment, and/or fine up to $250,000 for
years and/or fine up to $250,000 for an
criminal penalty up to 5 years’
an individual, and $500,000 for an
individual, and up to $500,000 for an
imprisonment, and fine per § 3571.
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 LDA lobbying
registrations/reports to determine compliance
or noncompliance with law, and report to
Congress with recommendations for
improvement of compliance.
Lobbying by Member’s
No current provision of law or Rule.
Section 113. Amends Senate Rule to require a Section 401. Amends House Rules to require
family.
See general “conflict of interest”
Member to prohibit staff from having official
a Member to prohibit all staff employed by a
provision in Senate Rule 37.
contact with any of the Senator’s “immediate
Member, including personal, committee or
family” who are registered lobbyists or are
leadership offices, from having official contact
employed by a lobbyist to influence legislation with a spouse of a Member of the House if
(Section 113(a)), except prohibition not to
that spouse is a “lobbyist” under LDA of 1995,
apply to spouse of a Senator already registered or is employed or retained by such a lobbyist
as lobbyist at least 1 year prior to the election
to influence legislation.
of Member or 1 year prior to their marriage.
(Section 113(c)). But Senators and employees
Section 209. Provides that it is the sense of
also prohibited from having official contact
Congress that the use by a lobbyist of a family
with a spouse of any Senator if that spouse is a relationship to a Member of Congress to gain
“lobbyist” or is retained by a registered
special advantage is “inappropriate.”
lobbyist. (Section 113(b)).

CRS-11
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Non-applicability to
LDA provisions currently apply only to
No provision.
Section 210. Provides expressly that
campaign committees
registrants - “lobbyists,” as defined, and
amendments made to LDA “shall not apply to
organizations whose employees are
the activities of any political committee
lobbyists because they engage in certain
described in” FECA.
amount of direct lobbying.
Other Provisions
Influencing private
No specific provisions in current law.
Section 114. Would amend Senate Rules
Section 102. Would add a federal criminal
employment decisions
(Senate Rule XLIII) to prohibit a Senator from law to prohibit a Member from taking or
taking or withholding, or threatening or
withholding, or threatening or promising to
promising to take or withhold, any official act,
take or withhold, any official act, or to
or to influence or to offer to influence an
influence or to offer to influence an official act
official act of another, with the intent to
of another, with the intent to influence on the
influence on the basis of partisan political
basis of partisan political affiliation an
affiliation an employment decision or
employment decision or employment practice
employment practice of a private entity.
of a private entity.
Lobbying by Contractors of
No specific provision in current law.
No provision.
Section 103. Adds a criminal provision to
the Congress
federal law to prohibit a private attorney or
law 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
No provision in current law.
No provision.
Section 402. Requires the Clerk of the House
certain disclosures over
to post on the public Internet site of the Office
Internet
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.
Gifts from State and local
Gifts from State or local governments
No provision.
Section 403. Amends House Rules to
Governments
are now generally exempt from gift
eliminate from the gifts prohibition the
limitations and prohibitions of House
exception for gifts from State or local
and Senate Rules. House Rule 25,
governments. House Rule 25, cl. 5(a)(3)(O).
clause 5(a)(3)(O); Senate Rule 35, clause
1(c)(16).

CRS-13
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Post-Employment, “Revolving Door” Lobbying
Statutory 1-Year “Cooling
Members of Congress, elected
Section 241. Would expand from 1-year to 2-
No provision.
Off” Period for Members and congressional officers, and senior
years the “cooling off” period on Members of
senior staff
congressional staff (those earning a
Congress and elected officers, whereby they
salary at the rate of 75% of a Member’s
would not be able to “lobby” Congress for 2-
salary) are limited for one year after
years after leaving office (Sec. 241(b)(1));
leaving office from making certain
would expand the 1-year cooling off period to
communications with intent to influence
2 years for “very senior” executive branch
to Congress. Members and elected
officials (cabinet officers and certain others)
officers may not lobby anyone in either
(Section 241(b)); and would keep the 1-year
House of Congress for one year (18
cooling for staff, but amend the 1-year
U.S.C. § 207(e)(1)); while former senior provision to prohibit lobbying the entire House
staff may not lobby their former office
of Congress in which they had worked, rather
or committee for one year. (18 U.S.C. §
than merely their former office.
207(e)(2)-(5).
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)).

CRS-14
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
“Revolving Door,” post-
All representations of Indian tribes by
Section 110. Would more closely conform
No provisions.
employment conflicts of
former federal officers or employees are
exemption for representing Indian tribes by
interest - representing Indian
now exempt from “revolving door” law
former federal officials to current exemption
tribes
at 18 U.S.C. § 207 by provisions of
for representing State or local governments by
Indian Self-Determination Act, 25
such officials, by exempting acts of former
U.S.C. §450i(j).
officials carrying out official duties or as
elected officials for tribes.
1-Year “Cooling Off” Period
Current Senate Rule, Rule XXXVII(9),
Section 111. Would amend Senate Rule
No provision.
— Senate Rule
prohibits all former staff who have
XXXVII to prohibit all “senior” Senate staff
become registered lobbyists or are in
(paid at rate of 75% of Member’s salary) from
employ of such to influence legislation,
lobbying entire Senate for one year after
from lobbying their former office for 1
leaving office.
year.
Negotiating Private
No current restrictions or express
Section 112. Amends Senate Rules to prohibit Section 101. Amends House Rules to prohibit
Employment
disclosures for Members, officers or
Senators from negotiating or having an
Members from negotiating or having an
employees of the legislative branch of
arrangement concerning prospective private
arrangement concerning prospective private
Government.
employment until Senator’s successor has been employment until the Member’s successor has
elected, unless Senator, within 3 days after
been elected, unless the Member, within 3
“negotiations” begin, files a publicly disclosed days after “negotiations” begin, files with the
signed statement with the Sec. of the Senate
House Committee on Standards of Official
revealing names of the private parties or
Conduct a statement including the names of
private entities involved, and date negotiations the private parties or private entities involved,
or arrangements began. If job is to involve
and the date such negotiations or arrangements
“lobbying activities,” Senator may not
commenced.
negotiate or have arrangement for such
employment until after successor is elected.

CRS-15
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
(Negotiating private
Senior staff (compensated at a rate in excess of Senior staff (compensated at a rate in excess of
employment, cont’d)
75% of a Senator) would be required to notify
75% of a Member’s salary) must notify within
the S. Select Committee on Ethics within 3
3 days the Committee on Standards of Official
days about the commencement of negotiations
Conduct that he or she is negotiating or has an
or arrangements for prospective private
arrangements for future private employment.
employment. Such an employee is then
Members and staff must recuse themselves
required to recuse himself or herself
from “any matter” in which there is a conflict
concerning any official matter which would
or an appearance of a conflict of interest for
create a conflict or an appearance of a conflict
that Member or employee under this Rule, and
of interest because of such negotiations or
notify the House Committee on Standards of
arrangements, and to notify the Ethics
such recusal. If a Member recuses himself or
Committee.
herself, the Member shall submit to the Clerk
for public disclosure the statement made to the
Committee on Standards.
Notification of “cooling off”
No provision.
No provision.
Section 104. Requires the Clerk of the House
periods
to notify affected departing Members and staff,
and each applicable office of the House, of the
beginning and end of 1-year “cooling off”
period for the Member or staffer.
Restrictions on congressional No provision.
No provision.
Section 105. Amends criminal law to prohibit,
staff concerning former
in course of staffer’s official duties, a senior
private employers
congressional employee who during 1 year
prior to congressional employment had been a
lobbyist, from “making any communication to
or appearance before” organization or client
for whom staffer had lobbied.