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
th
S. 1 and H.R. 2316, 110 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 theth
Senate, with the lobbying reform legislation reported in the House, H.R. 2316, 110
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
Contents
Side-by-Side Comparison of the Provisions of S. 1 and H.R. 2316, th
Lobbying Reform Legislation: Side-by-Side
Analysis of Lobbying Provisions in S. 1 and
th
H.R. 2316, 110 Congress
This report is intended to provide a quick reference chart and short analysisth
comparing the lobbying reform provisions in S. 1, 110 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-Sideth
Comparison of Provisions of S. 1 and H.Res. 6, 110 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 theth
House in H.R. 476, 110 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
CRS-2
Side-by-Side Comparison of the Provisions of S. 1 and H.R. 2316, 110th Congress
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
ing Disclosures
of filing lobbyingLobbying Disclosure Act of 1995 [LDA]Section 211(a). Requires quarterly, instead ofSection 201(a). Requires quarterly, instead of
requires periodic reports from registeredsemi-annual, filing of lobbying disclosuresemi-annual, filing of lobbying disclosure
lobbyists to be filed semi-annually,reports by registered lobbyists, not later thanreports by registered lobbyists, not later than
within 45 days of January 1st and Julyst20 days after January 1, April 1, July 1, and45 days after January 1, April 1, July 1, and
iki/CRS-RL34008ounts to triggerCurrent law establishes certain amountsSection 211(b). Threshold amounts areSection 201(b). Threshold amounts are
g/wof income or expenditures by a person oradjusted, generally halved, to reflect newadjusted, generally halved, to reflect new
s.orentity within a six-month reportingquarterly reporting periods, rather than semi-quarterly reporting periods, rather than semi-
leakperiod to “trigger” the registration andannual periods.annual periods.
reporting requirements of LDA, see 2
://wikiU.S.C. §§ 1602, 1603, 1610.
httpark”No express reporting provision now inNo provision.Section 203(b). Amends provision requiring
LDA. A registrant must now reportperiodic reports from lobbyists (2 U.S.C. §
“issues” and “bill numbers” concerning1604(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.
Current lobbying law does not addressSection 212. Requires additional publicSection 204. Requires additional public
aissue in LDA of 1995, but rather certainreporting by registrants and lobbyists ofreporting by registrants and lobbyists of
political committees must file reportspolitical 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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
Current lobbying law does not addressSection 212. Requires registrants andSection 204. Requires registrants and
a registrantissue in LDA of 1995, but rather certainlobbyists in quarterly reports to discloselobbyists in quarterly reports to disclose
strant’s politicalpolitical contributions for federalpolitical contributions over $200 to federalpolitical contributions over $200 to federal
elections must be disclosed and reportedcandidates, officeholders, leadership PACs orcandidates, officeholders, leadership PACs or
by the recipient pursuant to FECA.party committees made by registrant orparty committees made by registrant or
lobbyist or political committee established bylobbyist 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)).
No provision in LDA. FECA does notSection 212. Requires disclosure of fund-No provision.
have express disclosure provisions forraising events hosted, co-hosted or sponsored
iki/CRS-RL34008“hosting” fundraisers, but certain outlaysby lobbyist or registrant’s political committee
g/wof funds or in-kind services forfor a federal candidate, officeholder,
s.orfundraisers for candidates may triggerleadership PAC or party committee. (Adds 2
leak“contribution” limits and reportingU.S.C. § 1604(d)(1)(D)).
requirements by recipients. 11 C.F.R.
://wiki§§ 100.75, 100.77.
httpNo provision in LDA. FECA does notSection 212. Requires in quarterly lobbyingSection 204(b). Requires, in quarterly
expressly address “bundling,” butreports the disclosure of “bundled” politicallobbying reports, disclosure of 2 or more
ed by aaddresses disclosures regardingcontributions collected or arranged for acampaign contributions, exceeding a total of
“conduits” of “earmarked” contributionsfederal candidate, officeholder, leadership$5,000, received and forwarded by, or credited
by requiring disclosures of originalPAC or party committee. (Adds 2 U.S.C. §or attributed to, a lobbyist or registrant for a
contributors, unless “conduit” exercises1604(d)(1)(E)).federal officeholder or candidate, leadership
“direction or control” over the choice ofPAC, multi-candidate committee, or a political
the recipient, then contribution isparty committee. Requires lobbyist to send a
deemed to come from both originalreport by certified mail to recipient-covered
source and conduit. 2 U.S.C. §official containing information that will be
CRS-4
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
el paymentsNo current provision in LDA expresslySection 212. Requires in quarterly lobbyingNo similar reporting. Requires in section 203
ered officialaddressing travel payments made toreports the detailed disclosure of amounts,a certification in quarterly reports that the
covered officials. House and Senatepurpose and itinerary of any payments forregistrant 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 expensesbenefit 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 paidreporting of providing “officially connected”
“officially connected” travel. Housetravel expenses permitted by Rules.
Rule XXV, Senate Rule XXXV.
iki/CRS-RL34008ision ofNo current provision in LDA.Section 212. Requires in quarterly lobbyingSection 204. Requires in quarterly lobbying
g/wents, retreats,reports the disclosure of payments (i) forreports the disclosure of payments (i) for
s.oronialsevents honoring or recognizing federalevents honoring or recognizing federal
leakered officials.officials, (ii) to an entity named in honor of aofficials, (ii) to an entity named in honor of a
covered federal official or to a person or entitycovered federal official or to a person or entity
://wikiin recognition of such official, (iii) made toin recognition of such official, (iii) made to
httporganizations associated with such officials, ororganizations 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 ofconferences or similar events for the benefit of
1 or more covered federal officials (Adding 21 or more covered federal officials. (Adding 2
U.S.C. § 1604(d)(1)(G).U.S.C. § 1604(e)(1)(E).)
CRS-5
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
reportedNo provision in LDA. FECA addressesNo specific provision, but see “bundling”Section 204. Requires any information on
ation concerning“earmarked” contributions made throughdisclosure requirements, Section 212.being the “conduit” for “earmarked” campaign
ofa “conduit” as a contribution from thecontributions, required to be disclosed under
rked” contributions.original contributor, to be reported andthe 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). If1604(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
iki/CRS-RL34008from conduit, as well as from original
g/wcontributor. 11 C.F.R. § 110.6(d).
s.or
leakidedNo provision in LDA. FECA requiresNo provision.Section 204. Requires registrants and
anizations.the disclosure by the recipient oflobbyists in quarterly reports to disclose “any
://wiki“contributions” made to “politicalfunds provided” to a 527 political
httpcommittees,” but not all contributions toorganization. (Adding 2 U.S.C. §
“527” political organizations are1604(e)(1)(G)).
disclosed under FECA (but over a
certain threshold are to the IRS)
ifts” made toNo current provision in LDA.Section 212. Requires in quarterly lobbyingNo similar reporting requirement, but requires,
reports the disclosure of gifts in excess of $20in Section 203(b), a certification in quarterly
made to covered officials from lobbyists orreports 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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
No current provision in LDA.Section 212. Requires in quarterly lobbyingNo provision.
orreports the disclosure of contributions to a
uralpresidential library or presidential inaugural
committee. (Adding 2 U.S.C. § 1604(d)(1)(I)).
ing public or privateNo express provision, but registrantSection 213. Requires lobbyists in quarterlyNo provision.
must currently identify “client” andreports (2 U.S.C. § 1604(b)) to disclose
describe “business or activities” of thewhether a client is a public entity (including a
client, in the registration statement. 2State or local government or a department,
U.S.C. § 1603(b).agency, special purpose district or other
iki/CRS-RL34008instrumentality of a State), or a private entity.
g/w2 U.S.C. § 1605 requires reports andSection 214. Requires Secretary of Senate andSection 208. Requires Secretary of Senate and
s.oristrations andregistrations to be made to the SecretaryClerk of the House to maintain and makeClerk of the House to maintain and make
leakof the Senate and the Clerk of the House. available to the public over the Internet a freeavailable to the public over the Internet a free
://wikiNo current requirement for maintainingand providing access to electronicsearchable, sortable, and downloadableelectronic database of reports and registrationssearchable, sortable, and downloadableelectronic database of reports and registrations
httpdatabase. made under this Act, and to link suchmade under this Act, and to link such
information to the campaign financing reportsinformation to the campaign financing reports
and information disclosed to the Federaland information disclosed to the Federal
Election Commission under FECA. RequiresElection Commission under FECA. Requires
electronic reports to be available over theelectronic reports to be available over the
Internet within 48 hours. Internet within 48 hours.
pastA registrant or lobbying-employee mustSection 215. Requires identification of aSection 207. Requires identification of any
ent service.disclose if he/she served as a coveredregistrant, or lobbying-employee of an entityregistrant, or lobbying-employee of an entity
official within the past 2 years. 2 U.S.C.who has at any time served as a coveredwho 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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
iolations of law.Current civil penalty in LDA for failureSection 216. Increases the LobbingSection 301. Increases the Lobbing
to file within 60 days’-“notice of defect”Disclosure Act’s specific penalty for knowingDisclosure Act’s specific penalty for knowing
from Secretary or Senate or Clerk ofviolations of the law from $50,000 toviolations 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.
ing:The “client” of a lobbyist is consideredSection 217. Requires identification of certainSection 206. Requires identification of the
anizationalto be the “coalition” itself which retainsorganizational participants in a lobbyingorganizational members of a coalition or an
the lobbyist, and not the individual“coalition.” Would require identification by aassociation when such coalition or association
iki/CRS-RL34008organizational members of the coalitionlobbyist of any organization (in addition toemploys or retains “other persons to conduct
g/w(2 U.S.C. §1602(2)), unless anclient “coalition”) which contributes more thanlobbying activities,” when member is expected
s.ororganization contributes more than$5,000 in any quarterly period, and whichto contribute $500 or more to the coalition’s
leak$10,000 in a semi-annual reporting“participates in a substantial way in thelobbying in a quarter. Exempts member-
period and “in whole or in major partplanning, supervision, or control” of theorganization of a coalition which is itself
://wikiplans, supervises, or controls” thelobbying activities of the coalition’s registrant.incorporated as a 501(c)(3) charitable or
httplobbying activities of the registeredMembers of coalitions publicly known to beeducational organization; any other non-profit,
lobbyist. (2 U.S.C. §1603(b)(3)).affiliated with coalition, or for whom fundingtax-exempt organization which has
of coalition has been publicly disclosed, need“substantial exempt activities other than
not be listed in registration statement unlesslobbying” on the specific issue for which it
that organization “in whole or in major partengaged the lobbyist; or any organization for
plans, supervises, or controls” lobbyingwhich there is publicly available knowledge of
activities of lobbyist. In no event mustaffiliates, unless such affiliate in whole or
individuals who are members of or donors to amajor 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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
iolations.Administrators of LDA to whom reportsSection 218. Clerk of House and Secretary ofNo provision.
and registration statements are filedSenate are required to make publicly available
(Clerk of the House and the Secretary ofthe number per year of lobbyists and lobbying
the Senate) are authorized by law tofirms that were referred to U.S. Attorney for
make referrals to the U.S. Attorney fornoncompliance. U.S. Attorney for D.C. must
D.C. in cases of noncompliance with thereport semi-annually to the Senate Committees
disclosure provisions, when the lobbyiston Judiciary, and Homeland Security &
or lobbing firm has been notified “inGovernment Affairs, and House Committees
writing and has failed to make anon the Judiciary, and Oversight and
appropriate response within 60 daysGovernment Reform, the aggregate number of
iki/CRS-RL34008after notice.” 2 U.S.C. § 1605(8).enforcement actions taken under the Act.
g/w
s.or ofNot required by law, but Clerk of HouseSection 219. Places statutory requirement toSection 202. Places statutory requirement to
leakand Secretary of Senate have developedfile the lobbying disclosure reports infile the lobbying disclosure reports in
electronic filing options.electronic form, and requires the Clerk of theelectronic form with the Clerk of the House
://wikiHouse and Secretary of the Senate to use theand Secretary of the Senate.
httpsame electronic software for receipt and
recording of the filings.
CRS-9
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
gents RegistrationNo current provision in Foreign AgentsSection 220. Amends FARA to requireNo provision.
s andRegistration Act [FARA], whichelectronic filing of foreign agent registration
.requires registration and reporting tostatements and updates made to the Attorney
Department of Justice by agents ofGeneral, and requires A.G. to maintain and
foreign principles. (22 U.S.C. § 611 etmake 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.
iki/CRS-RL34008
g/w lobbyists andCongressional Rules regulate MembersSection 221. In addition to the otherSection 203(a). Requires in quarterly reports
s.orand staff accepting gifts from lobbyists,information required to be filed in periodica certification that the registrant or lobbyist did
leakbut Rules do not extend to lobbyistsreports by lobbyists, each filer must certifynot provide any gift, “including travel,” to a
themselves who are outside ofthat the lobbying firm, registrant, or eachMember, officer or employee of Congress that
://wikijurisdiction of ethics committees.employee listed as a lobbyist of anis in violation of the House or Senate Rules.
httpLobbyists prohibited from offeringorganization or firm, has not “provided,
“bribes,” “illegal gratuities” to Membersrequested or directed” a gift (including travel)Section 205. Expressly prohibits a registrant
or staff (18 U.S.C. 201), or engaging in ato a Member or employee of Congress, thelobbyist, an organization that registers 1 or
scheme to defraud the public out of theacceptance of which would constitute amore employees as lobbyists, and such
“honest services” of their publicviolation of the House or Senate Rules onemployee/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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
Current LDA does not provide expressSection 222. Provides additional criminalSection 301. Provides additional, express
criminal penalty; but, intentional falsepenalty for knowing, willful and corruptcriminal penalty for “corruptly” failing to
filing to a federal agency may be “falsefailure to comply with LDA of up to 10 years’comply with LDA of imprisonment of up to 5
statement” (18 U.S.C. §1001), withimprisonment, and/or fine up to $250,000 foryears and/or fine up to $250,000 for an
criminal penalty up to 5 years’an individual, and $500,000 for anindividual, 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).
DisclosureNo current provisions.Section 231. Requires the ComptrollerNo provision
General to annually audit LDA lobbying
registrations/reports to determine compliance
iki/CRS-RL34008or noncompliance with law, and report to
g/wCongress with recommendations for
s.orimprovement of compliance.
leak by Member’sNo current provision of law or Rule. Section 113. Amends Senate Rule to require aSection 401. Amends House Rules to require
://wikiSee general “conflict of interest”provision in Senate Rule 37.Member to prohibit staff from having officialcontact with any of the Senator’s “immediatea Member to prohibit all staff employed by aMember, including personal, committee or
httpfamily” who are registered lobbyists or areleadership offices, from having official contact
employed by a lobbyist to influence legislationwith a spouse of a Member of the House if
(Section 113(a)), except prohibition not tothat spouse is a “lobbyist” under LDA of 1995,
apply to spouse of a Senator already registeredor is employed or retained by such a lobbyist
as lobbyist at least 1 year prior to the electionto influence legislation.
of Member or 1 year prior to their marriage.
(Section 113(c)). But Senators and employeesSection 209. Provides that it is the sense of
also prohibited from having official contactCongress that the use by a lobbyist of a family
with a spouse of any Senator if that spouse is arelationship to a Member of Congress to gain
“lobbyist” or is retained by a registeredspecial advantage is “inappropriate.”
lobbyist. (Section 113(b)).
CRS-11
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
toLDA provisions currently apply only toNo provision.Section 210. Provides expressly that
n committeesregistrants - “lobbyists,” as defined, andamendments made to LDA “shall not apply to
organizations whose employees arethe activities of any political committee
lobbyists because they engage in certaindescribed in” FECA.
amount of direct lobbying.
rovisions
privateNo specific provisions in current law.Section 114. Would amend Senate RulesSection 102. Would add a federal criminal
ment decisions(Senate Rule XLIII) to prohibit a Senator fromlaw to prohibit a Member from taking or
taking or withholding, or threatening orwithholding, or threatening or promising to
iki/CRS-RL34008promising to take or withhold, any official act,take or withhold, any official act, or to
g/wor to influence or to offer to influence aninfluence or to offer to influence an official act
s.orofficial act of another, with the intent toof another, with the intent to influence on the
leakinfluence on the basis of partisan politicalbasis of partisan political affiliation an
://wikiaffiliation an employment decision oremployment practice of a private entity.employment decision or employment practiceof a private entity.
http
by Contractors ofNo specific provision in current law.No provision.Section 103. Adds a criminal provision to
ressfederal 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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
ailability ofNo provision in current law.No provision.Section 402. Requires the Clerk of the House
erto post on the public Internet site of the Office
tof 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
iki/CRS-RL34008the personal financial disclosure reports filed
g/wunder the Ethics in Government Act of 1978
s.orby Members of the House.
leak
State and localGifts from State or local governmentsNo provision.Section 403. Amends House Rules to
://wikientsare now generally exempt from gifteliminate from the gifts prohibition the
httplimitations and prohibitions of Houseexception 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
CRS-13
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
mployment, “Revolving Door” Lobbying
eriod for Members andcongressional officers, and senioryears the “cooling off” period on Members of
congressional staff (those earning aCongress and elected officers, whereby they
salary at the rate of 75% of a Member’swould not be able to “lobby” Congress for 2-
salary) are limited for one year afteryears after leaving office (Sec. 241(b)(1));
leaving office from making certainwould expand the 1-year cooling off period to
communications with intent to influence2 years for “very senior” executive branch
to Congress. Members and electedofficials (cabinet officers and certain others)
iki/CRS-RL34008officers may not lobby anyone in either(Section 241(b)); and would keep the 1-year
g/wHouse of Congress for one year (18cooling for staff, but amend the 1-year
s.orU.S.C. § 207(e)(1)); while former seniorprovision to prohibit lobbying the entire House
leakstaff may not lobby their former officeof Congress in which they had worked, rather
or committee for one year. (18 U.S.C. §than merely their former office.
://wiki207(e)(2)-(5).
httpWould 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
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
ing Door,” post-All representations of Indian tribes bySection 110. Would more closely conformNo provisions.
ment conflicts offormer federal officers or employees areexemption for representing Indian tribes by
representing Indiannow exempt from “revolving door” lawformer federal officials to current exemption
at 18 U.S.C. § 207 by provisions offor representing State or local governments by
Indian Self-Determination Act, 25such officials, by exempting acts of former
U.S.C. §450i(j).officials carrying out official duties or as
elected officials for tribes.
Off” PeriodCurrent Senate Rule, Rule XXXVII(9),Section 111. Would amend Senate RuleNo provision.
prohibits all former staff who haveXXXVII to prohibit all “senior” Senate staff
iki/CRS-RL34008become registered lobbyists or are in(paid at rate of 75% of Member’s salary) from
g/wemploy of such to influence legislation,lobbying entire Senate for one year after
s.orfrom lobbying their former office for 1leaving office.
leakyear.
://wiki PrivatementNo current restrictions or expressdisclosures for Members, officers orSection 112. Amends Senate Rules to prohibitSenators from negotiating or having anSection 101. Amends House Rules to prohibitMembers from negotiating or having an
httpemployees of the legislative branch ofarrangement concerning prospective privatearrangement concerning prospective private
Government.employment until Senator’s successor has beenemployment until the Member’s successor has
elected, unless Senator, within 3 days afterbeen elected, unless the Member, within 3
“negotiations” begin, files a publicly discloseddays after “negotiations” begin, files with the
signed statement with the Sec. of the SenateHouse Committee on Standards of Official
revealing names of the private parties orConduct a statement including the names of
private entities involved, and date negotiationsthe private parties or private entities involved,
or arrangements began. If job is to involveand the date such negotiations or arrangements
“lobbying activities,” Senator may notcommenced.
negotiate or have arrangement for such
employment until after successor is elected.
CRS-15
IssueCurrent Provisions of Law or RuleS. 1H.R. 2316
privateSenior staff (compensated at a rate in excess ofSenior staff (compensated at a rate in excess of
ment, cont’d)75% of a Senator) would be required to notify75% of a Member’s salary) must notify within
the S. Select Committee on Ethics within 33 days the Committee on Standards of Official
days about the commencement of negotiationsConduct that he or she is negotiating or has an
or arrangements for prospective privatearrangements for future private employment.
employment. Such an employee is thenMembers and staff must recuse themselves
required to recuse himself or herselffrom “any matter” in which there is a conflict
concerning any official matter which wouldor an appearance of a conflict of interest for
create a conflict or an appearance of a conflictthat Member or employee under this Rule, and
of interest because of such negotiations ornotify the House Committee on Standards of
iki/CRS-RL34008arrangements, and to notify the Ethicssuch recusal. If a Member recuses himself or
g/wCommittee.herself, the Member shall submit to the Clerk
s.orfor public disclosure the statement made to the
leakCommittee on Standards.
://wiki off”No provision.No provision.Section 104. Requires the Clerk of the House
httpto 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.
ressionalNo provision.No provision.Section 105. Amends criminal law to prohibit,
formerin course of staffer’s official duties, a senior
ployerscongressional 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.