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 Disclosure Act of 1995 [LDA]
requires periodic reports from registered
lobbyists to be filed semi-annually,
within 45 days of January 1st and July
1st. (2 U.S.C. § 1604(a)).
Section 211(a). Requires quarterly, instead of
semi-annual, filing of lobbying disclosure
reports by registered lobbyists, not later than
20 days after January 1, April 1, July 1, and
October 1 of each year.
Section 201(a). Requires quarterly, instead of
semi-annual, filing of lobbying disclosure
reports by registered lobbyists, not later than
45 days after January 1, April 1, July 1, and
October 1 of each year.
Threshold amounts to trigger Current law establishes certain amounts
registration, reports and
of income or expenditures by a person or
disclosures
entity within a six-month reporting
period to “trigger” the registration and
reporting requirements of LDA, see 2
U.S.C. §§ 1602, 1603, 1610.
Section 211(b). Threshold amounts are
adjusted, generally halved, to reflect new
quarterly reporting periods, rather than semiannual periods.
Section 201(b). Threshold amounts are
adjusted, generally halved, to reflect new
quarterly reporting periods, rather than semiannual periods.
Disclosure of “earmark”
requests
No express reporting provision now in
LDA. A registrant must now report
“issues” and “bill numbers” concerning
which “lobbying activities” were
performed. 2 U.S.C. § 1604(b)(2)(A).
No provision.
Section 203(b). Amends provision requiring
periodic reports from lobbyists (2 U.S.C. §
1604(b)(2)(A)), to require information on
“requests for Congressional earmarks” made
by registrant.
Disclosure of political
committees established by a
registrant.
Current lobbying law does not address
issue in LDA of 1995, but rather certain
political committees must file reports
pursuant to federal campaign law, the
Federal Election Campaign Act [FECA].
Section 212. Requires additional public
reporting by registrants and lobbyists of
political committees established by registrant.
(Adds 2 U.S.C. § 1604(d)(1)(B)).
Section 204. Requires additional public
reporting by registrants and lobbyists of
political committees established by registrant.
(Adds 2 U.S.C. § 1604(e)(1)(C)).
Lobbying Disclosures
Timing of filing lobbying
reports
CRS-3
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Disclosure of political
contributions by a registrant
or registrant’s political
committee.
Current lobbying law does not address
issue in LDA of 1995, but rather certain
political contributions for federal
elections must be disclosed and reported
by the recipient pursuant to FECA.
Section 212. Requires registrants and
lobbyists in quarterly reports to disclose
political contributions over $200 to federal
candidates, officeholders, leadership PACs or
party committees made by registrant or
lobbyist or political committee established by
registrant. (Adds 2 U.S.C. §1604(d)(1)(C)).
Section 204. Requires registrants and
lobbyists in quarterly reports to disclose
political contributions over $200 to federal
candidates, officeholders, leadership PACs or
party committees made by registrant or
lobbyist or political committee established by
registrant. (Adds 2 U.S.C. §1604(e)(1)(D)).
Disclosure of fundraising
events.
No provision in LDA. FECA does not
have express disclosure provisions for
“hosting” fundraisers, but certain outlays
of funds or in-kind services for
fundraisers for candidates may trigger
“contribution” limits and reporting
requirements by recipients. 11 C.F.R.
§§ 100.75, 100.77.
Section 212. Requires disclosure of fundraising events hosted, co-hosted or sponsored
by lobbyist or registrant’s political committee
for a federal candidate, officeholder,
leadership PAC or party committee. (Adds 2
U.S.C. § 1604(d)(1)(D)).
No provision.
Disclosure of “bundled”
political contributions
collected or arranged by a
lobbyist.
No provision in LDA. FECA does not
expressly address “bundling,” but
addresses disclosures regarding
“conduits” of “earmarked” contributions
by requiring disclosures of original
contributors, unless “conduit” exercises
“direction or control” over the choice of
the recipient, then contribution is
deemed to come from both original
source and conduit. 2 U.S.C. §
441a(a)(8); 11 C.F.R. § 110.6.
Section 212. Requires in quarterly lobbying
reports the disclosure of “bundled” political
contributions collected or arranged for a
federal candidate, officeholder, leadership
PAC or party committee. (Adds 2 U.S.C. §
1604(d)(1)(E)).
Section 204(b). Requires, in quarterly
lobbying reports, disclosure of 2 or more
campaign contributions, exceeding a total of
$5,000, received and forwarded by, or credited
or attributed to, a lobbyist or registrant for a
federal officeholder or candidate, leadership
PAC, multi-candidate committee, or a political
party committee. Requires lobbyist to send a
report by certified mail to recipient-covered
official containing information that will be
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
provided to covered official addressing travel payments made to
covered officials. House and Senate
Rules currently restrict the acceptance of
“officially connected” travel expenses
from most lobbyists and their clients,
and require disclosure of privately paid
“officially connected” travel. House
Rule XXV, Senate Rule XXXV.
Section 212. Requires in quarterly lobbying
reports the detailed disclosure of amounts,
purpose and itinerary of any payments for
“officially connected” travel provided for the
benefit of a federal official. (Adding 2 U.S.C.
§ 1604(d)(1)(F)).
No similar reporting. Requires in section 203
a certification in quarterly reports that the
registrant or lobbyist did not provide any gift,
“including travel,” to a Member, officer or
employee of Congress that is in violation of
the House or Senate Rules, but no further
reporting of providing “officially connected”
travel expenses permitted by Rules.
No current provision in LDA.
Disclosure of provision of
payments for events, retreats,
conferences, or testimonials
for covered officials.
Section 212. Requires in quarterly lobbying
reports the disclosure of payments (i) for
events honoring or recognizing federal
officials, (ii) to an entity named in honor of a
covered federal official or to a person or entity
in recognition of such official, (iii) made to
organizations associated with such officials, or
(iv) made to pay the costs of retreats,
conferences or similar events for the benefit of
1 or more covered federal officials (Adding 2
U.S.C. § 1604(d)(1)(G).
Section 204. Requires in quarterly lobbying
reports the disclosure of payments (i) for
events honoring or recognizing federal
officials, (ii) to an entity named in honor of a
covered federal official or to a person or entity
in recognition of such official, (iii) made to
organizations associated with such officials, or
(iv) made to pay the costs of retreats,
conferences or similar events for the benefit of
1 or more covered federal officials. (Adding 2
U.S.C. § 1604(e)(1)(E).)
CRS-5
Issue
Disclosure of FECA-reported
information concerning
“conduit” forwarding of
“earmarked” contributions.
Current Provisions of Law or Rule
S. 1
No provision in LDA. FECA addresses No specific provision, but see “bundling”
“earmarked” contributions made through disclosure requirements, Section 212.
a “conduit” as a contribution from the
original contributor, to be reported and
disclosed as such by recipient. 2 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).
H.R. 2316
Section 204. Requires any information on
being the “conduit” for “earmarked” campaign
contributions, required to be disclosed under
the FECA, to be reported in quarterly lobbying
reports under LDA. (Adding 2 U.S.C. §
1604(e)(1)(F)).
No provision.
Disclosure of funds provided No provision in LDA. FECA requires
to 527 organizations.
the disclosure by the recipient of
“contributions” made to “political
committees,” but not all contributions to
“527” political organizations are
disclosed under FECA (but over a
certain threshold are to the IRS)
Section 204. Requires registrants and
lobbyists in quarterly reports to disclose “any
funds provided” to a 527 political
organization. (Adding 2 U.S.C. §
1604(e)(1)(G)).
Disclosure of “gifts” made to No current provision in LDA.
covered officials.
No similar reporting requirement, but requires,
in Section 203(b), a certification in quarterly
reports that the registrant or lobbyist did not
provide any gift, “including travel,” to a
Member, officer or employee of Congress that
is in violation of the House or Senate Rules.
Section 212. Requires in quarterly lobbying
reports the disclosure of gifts in excess of $20
made to covered officials from lobbyists or
their political committees. (Adding 2 U.S.C. §
1604(d)(1)(H)).
CRS-6
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Disclosure of contributions to No current provision in LDA.
a presidential library or
presidential inaugural
committee.
No provision.
Section 212. Requires in quarterly lobbying
reports the disclosure of contributions to a
presidential library or presidential inaugural
committee. (Adding 2 U.S.C. § 1604(d)(1)(I)).
Identifying public or private
entity clients in quarterly
reports.
No express provision, but registrant
must currently identify “client” and
describe “business or activities” of the
client, in the registration statement. 2
U.S.C. § 1603(b).
Section 213. Requires lobbyists in quarterly
reports (2 U.S.C. § 1604(b)) to disclose
whether a client is a public entity (including a
State or local government or a department,
agency, special purpose district or other
instrumentality of a State), or a private entity.
No provision.
Electronic database of
lobbyists’ registrations and
reports.
2 U.S.C. § 1605 requires reports and
registrations to be made to the Secretary
of the Senate and the Clerk of the House.
No current requirement for maintaining
and providing access to electronic
database.
Section 214. Requires Secretary of Senate and
Clerk of the House to maintain and make
available to the public over the Internet a free
searchable, sortable, and downloadable
electronic database of reports and registrations
made under this Act, and to link such
information to the campaign financing reports
and information disclosed to the Federal
Election Commission under FECA. Requires
electronic reports to be available over the
Internet within 48 hours.
Section 208. Requires Secretary of Senate and
Clerk of the House to maintain and make
available to the public over the Internet a free
searchable, sortable, and downloadable
electronic database of reports and registrations
made under this Act, and to link such
information to the campaign financing reports
and information disclosed to the Federal
Election Commission under FECA. Requires
electronic reports to be available over the
Internet within 48 hours.
Identification of any past
Government service.
A registrant or lobbying-employee must
disclose if he/she served as a covered
official within the past 2 years. 2 U.S.C.
§ 1603(b)(6).
Section 215. Requires identification of a
registrant, or lobbying-employee of an entity
who has at any time served as a covered
legislative branch or executive branch official.
Section 207. Requires identification of any
registrant, or lobbying-employee of an entity
who has at any time served as a covered
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
to file within 60 days’-“notice of defect”
from Secretary or Senate or Clerk of
House, or knowing failure to comply
with any other provision of LDA, is
$50,000.
Section 216. Increases the Lobbing
Disclosure Act’s specific penalty for knowing
violations of the law from $50,000 to
$200,000.
Section 301. Increases the Lobbing
Disclosure Act’s specific penalty for knowing
violations of the law from $50,000 to
$100,000.
Coalition lobbying:
disclosure of organizational
members of coalition as
“client.”
The “client” of a lobbyist is considered
to be the “coalition” itself which retains
the lobbyist, and not the individual
organizational members of the coalition
(2 U.S.C. §1602(2)), unless an
organization contributes more than
$10,000 in a semi-annual reporting
period and “in whole or in major part
plans, supervises, or controls” the
lobbying activities of the registered
lobbyist. (2 U.S.C. §1603(b)(3)).
Section 217. Requires identification of certain
organizational participants in a lobbying
“coalition.” Would require identification by a
lobbyist of any organization (in addition to
client “coalition”) which contributes more than
$5,000 in any quarterly period, and which
“participates in a substantial way in the
planning, supervision, or control” of the
lobbying activities of the coalition’s registrant.
Members of coalitions publicly known to be
affiliated with coalition, or for whom funding
of coalition has been publicly disclosed, need
not be listed in registration statement unless
that organization “in whole or in major part
plans, supervises, or controls” lobbying
activities of lobbyist. In no event must
individuals who are members of or donors to a
“client” entity need to be disclosed.
Section 206. Requires identification of the
organizational members of a coalition or an
association when such coalition or association
employs or retains “other persons to conduct
lobbying activities,” when member is expected
to contribute $500 or more to the coalition’s
lobbying in a quarter. Exempts memberorganization of a coalition which is itself
incorporated as a 501(c)(3) charitable or
educational organization; any other non-profit,
tax-exempt organization which has
“substantial exempt activities other than
lobbying” on the specific issue for which it
engaged the lobbyist; or any organization for
which there is publicly available knowledge of
affiliates, unless such affiliate in whole or
major part plans, controls or supervises such
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
Section 218. Clerk of House and Secretary of No provision.
Senate are required to make publicly available
the number per year of lobbyists and lobbying
firms that were referred to U.S. Attorney for
noncompliance. U.S. Attorney for D.C. must
report semi-annually to the Senate Committees
on Judiciary, and Homeland Security &
Government Affairs, and House Committees
on the Judiciary, and Oversight and
Government Reform, the aggregate number of
enforcement actions taken under the Act.
Referrals of violations.
Administrators of LDA to whom reports
and registration statements are filed
(Clerk of the House and the Secretary of
the Senate) are authorized by law to
make referrals to the U.S. Attorney for
D.C. in cases of noncompliance with the
disclosure provisions, when the lobbyist
or lobbing firm has been notified “in
writing and has failed to make an
appropriate response within 60 days
after notice.” 2 U.S.C. § 1605(8).
Electronic filing of
registrations and reports.
Not required by law, but Clerk of House Section 219. Places statutory requirement to
and Secretary of Senate have developed file the lobbying disclosure reports in
electronic filing options.
electronic form, and requires the Clerk of the
House and Secretary of the Senate to use the
same electronic software for receipt and
recording of the filings.
Section 202. Places statutory requirement to
file the lobbying disclosure reports in
electronic form with the Clerk of the House
and Secretary of the Senate.
CRS-9
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Foreign Agents Registration
Act electronic filings and
data bank.
No current provision in Foreign Agents
Registration Act [FARA], which
requires registration and reporting to
Department of Justice by agents of
foreign principles. (22 U.S.C. § 611 et
seq.)
Section 220. Amends FARA to require
electronic filing of foreign agent registration
statements and updates made to the Attorney
General, and requires A.G. to maintain and
make available for free over 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.
No provision.
“Gifts” from lobbyists and
congressional ethics rules certification and prohibition.
Congressional Rules regulate Members
and staff accepting gifts from lobbyists,
but Rules do not extend to lobbyists
themselves who are outside of
jurisdiction of ethics committees.
Lobbyists prohibited from offering
“bribes,” “illegal gratuities” to Members
or staff (18 U.S.C. 201), or engaging in a
scheme to defraud the public out of the
“honest services” of their public
officials. 18 U.S.C. §§ 1341, 1343,
1346.
Section 221. In addition to the other
information required to be filed in periodic
reports by lobbyists, each filer must certify
that the lobbying firm, registrant, or each
employee listed as a lobbyist of an
organization or firm, has not “provided,
requested or directed” a gift (including travel)
to a Member or employee of Congress, the
acceptance of which would constitute a
violation of the House or Senate Rules on
gifts.
Section 203(a). Requires in quarterly reports
a certification that the registrant or lobbyist did
not provide any gift, “including travel,” to a
Member, officer or employee of Congress that
is in violation of the House or Senate Rules.
Section 205. Expressly prohibits a registrant
lobbyist, an organization that registers 1 or
more employees as lobbyists, and such
employee/lobbyist, from making any gift,
including travel, to a Member or staffer of
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
criminal penalty; but, intentional false
filing to a federal agency may be “false
statement” (18 U.S.C. §1001), with
criminal penalty up to 5 years’
imprisonment, and fine per § 3571.
Section 222. Provides additional criminal
penalty for knowing, willful and corrupt
failure to comply with LDA of up to 10 years’
imprisonment, and/or fine up to $250,000 for
an individual, and $500,000 for an
organization (see18 U.S.C. § 3571).
Section 301. Provides additional, express
criminal penalty for “corruptly” failing to
comply with LDA of imprisonment of up to 5
years and/or fine up to $250,000 for an
individual, and up to $500,000 for an
organization (see 18 U.S.C. § 3571).
Audits of Lobby Disclosure
reports
No current provisions.
Section 231. Requires the Comptroller
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.
No provision
Lobbying by Member’s
family.
No current provision of law or Rule.
See general “conflict of interest”
provision in Senate Rule 37.
Section 113. Amends Senate Rule to require a
Member to prohibit staff from having official
contact with any of the Senator’s “immediate
family” who are registered lobbyists or are
employed by a lobbyist to influence legislation
(Section 113(a)), except prohibition not to
apply to spouse of a Senator already registered
as lobbyist at least 1 year prior to the election
of Member or 1 year prior to their marriage.
(Section 113(c)). But Senators and employees
also prohibited from having official contact
with a spouse of any Senator if that spouse is a
“lobbyist” or is retained by a registered
lobbyist. (Section 113(b)).
Section 401. Amends House Rules to require
a Member to prohibit all staff employed by a
Member, including personal, committee or
leadership offices, from having official contact
with a spouse of a Member of the House if
that spouse is a “lobbyist” under LDA of 1995,
or is employed or retained by such a lobbyist
to influence legislation.
Section 209. Provides that it is the sense of
Congress that the use by a lobbyist of a family
relationship to a Member of Congress to gain
special advantage is “inappropriate.”
CRS-11
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
LDA provisions currently apply only to
registrants - “lobbyists,” as defined, and
organizations whose employees are
lobbyists because they engage in certain
amount of direct lobbying.
No provision.
Section 210. Provides expressly that
amendments made to LDA “shall not apply to
the activities of any political committee
described in” FECA.
Influencing private
employment decisions
No specific provisions in current law.
Section 114. Would amend Senate Rules
(Senate Rule XLIII) to prohibit a Senator from
taking or withholding, or threatening or
promising to take or withhold, any official act,
or to influence or to offer to influence an
official act of another, with the intent to
influence on the basis of partisan political
affiliation an employment decision or
employment practice of a private entity.
Section 102. Would add a federal criminal
law to prohibit a Member from taking or
withholding, or threatening or promising to
take or withhold, any official act, or to
influence or to offer to influence an official act
of another, with the intent to influence on the
basis of partisan political affiliation an
employment decision or employment practice
of a private entity.
Lobbying by Contractors of
the Congress
No specific provision in current law.
No provision.
Section 103. Adds a criminal provision to
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.
Non-applicability to
campaign committees
Other Provisions
CRS-12
Issue
Current Provisions of Law or Rule
S. 1
Increased availability of
certain disclosures over
Internet
No provision in current law.
No provision.
Gifts from State and local
Governments
No provision.
Gifts from State or local governments
are now generally exempt from gift
limitations and prohibitions of House
and Senate Rules. House Rule 25,
clause 5(a)(3)(O); Senate Rule 35, clause
1(c)(16).
H.R. 2316
Section 402. Requires the Clerk of the House
to 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.
Section 403. Amends House Rules to
eliminate from the gifts prohibition the
exception for gifts from State or local
governments. House Rule 25, cl. 5(a)(3)(O).
CRS-13
Issue
Current Provisions of Law or Rule
S. 1
Post-Employment, “Revolving Door” Lobbying
Statutory 1-Year “Cooling
Members of Congress, elected
Off” Period for Members and congressional officers, and senior
senior staff
congressional staff (those earning a
salary at the rate of 75% of a Member’s
salary) are limited for one year after
leaving office from making certain
communications with intent to influence
to Congress. Members and elected
officers may not lobby anyone in either
House of Congress for one year (18
U.S.C. § 207(e)(1)); while former senior
staff may not lobby their former office
or committee for one year. (18 U.S.C. §
207(e)(2)-(5).
Section 241. Would expand from 1-year to 2- No provision.
years the “cooling off” period on Members of
Congress and elected officers, whereby they
would not be able to “lobby” Congress for 2years after leaving office (Sec. 241(b)(1));
would expand the 1-year cooling off period to
2 years for “very senior” executive branch
officials (cabinet officers and certain others)
(Section 241(b)); and would keep the 1-year
cooling for staff, but amend the 1-year
provision to prohibit lobbying the entire House
of Congress in which they had worked, rather
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)).
H.R. 2316
CRS-14
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
“Revolving Door,” postemployment conflicts of
interest - representing Indian
tribes
All representations of Indian tribes by
former federal officers or employees are
now exempt from “revolving door” law
at 18 U.S.C. § 207 by provisions of
Indian Self-Determination Act, 25
U.S.C. §450i(j).
No provisions.
Section 110. Would more closely conform
exemption for representing Indian tribes by
former federal officials to current exemption
for representing State or local governments by
such officials, by exempting acts of former
officials carrying out official duties or as
elected officials for tribes.
1-Year “Cooling Off” Period
— Senate Rule
Current Senate Rule, Rule XXXVII(9),
prohibits all former staff who have
become registered lobbyists or are in
employ of such to influence legislation,
from lobbying their former office for 1
year.
No provision.
Section 111. Would amend Senate Rule
XXXVII to prohibit all “senior” Senate staff
(paid at rate of 75% of Member’s salary) from
lobbying entire Senate for one year after
leaving office.
Negotiating Private
Employment
No current restrictions or express
disclosures for Members, officers or
employees of the legislative branch of
Government.
Section 112. Amends Senate Rules to prohibit
Senators from negotiating or having an
arrangement concerning prospective private
employment until Senator’s successor has been
elected, unless Senator, within 3 days after
“negotiations” begin, files a publicly disclosed
signed statement with the Sec. of the Senate
revealing names of the private parties or
private entities involved, and date negotiations
or arrangements began. If job is to involve
“lobbying activities,” Senator may not
negotiate or have arrangement for such
employment until after successor is elected.
Section 101. Amends House Rules to prohibit
Members from negotiating or having an
arrangement concerning prospective private
employment until the Member’s successor has
been elected, unless the Member, within 3
days after “negotiations” begin, files with the
House Committee on Standards of Official
Conduct a statement including the names of
the private parties or private entities involved,
and the date such negotiations or arrangements
commenced.
CRS-15
Issue
Current Provisions of Law or Rule
S. 1
H.R. 2316
Senior staff (compensated at a rate in excess of
75% of a Senator) would be required to notify
the S. Select Committee on Ethics within 3
days about the commencement of negotiations
or arrangements for prospective private
employment. Such an employee is then
required to recuse himself or herself
concerning any official matter which would
create a conflict or an appearance of a conflict
of interest because of such negotiations or
arrangements, and to notify the Ethics
Committee.
Senior staff (compensated at a rate in excess of
75% of a Member’s salary) must notify within
3 days the Committee on Standards of Official
Conduct that he or she is negotiating or has an
arrangements for future private employment.
Members and staff must recuse themselves
from “any matter” in which there is a conflict
or an appearance of a conflict of interest for
that Member or employee under this Rule, and
notify the House Committee on Standards of
such recusal. If a Member recuses himself or
herself, the Member shall submit to the Clerk
for public disclosure the statement made to the
Committee on Standards.
No provision.
No provision.
Section 104. Requires the Clerk of the House
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.
staff concerning former
private employers
No provision.
Section 105. Amends criminal law to prohibit,
in course of staffer’s official duties, a senior
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.
(Negotiating private
employment, cont’d)
Notification of “cooling off”
periods