For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34008 ------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34008