The Legislative Transparency Act of 2007 (S.1)
Introduced January 4 by Senator Harry Reid (D-NV) and passed by the Senate January 18th. In effect pending conference committee and presidential signature. A registered lobbyist or employee of an organization that employs a lobbyist is prohibited from giving any gift to member or employee of Congress, except as stipulated by the Senate rules.
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House Rules January 4, 2007*
In effect as of January 2007
The Honest Leadership and Open Government Act of 2007 (HR 2316)
Introduced May 15th by Congressman Conyers (D-MI) and passed by the House May 24th. In effect pending conference committee and presidential signature. A registered lobbyist or employee of an organization that employs a lobbyist is prohibited from giving a gift to a member or employee of Congress, except as stipulated by the House and Senate rules.
STATUS OF PROPOSED LEGISLATION AND RULES
RULES REGARDING GIFTS AND FOOD GIVEN TO MEMBERS AND STAFF FROM FEDERAL LOBBYISTS
A lobbyist or employee of an organization that employs a lobbyist is forbidden from giving any gift, except in specific circumstances such as personal friendship, the gift is relevant to the state/district, the gift is of nominal value or the gift is “informational;”.
RULES REGARDING GIFTS AND FOOD GIVEN TO MEMBERS AND STAFF FROM STATE AND LOCAL LOBBYISTS
Not addressed Not addressed The bill bans all gifts from state and local lobbyists (via Chabot motion to recommit) H Res 437, the rules under which the bill would be considered, changed the House Rule to allow members and employees to attend free-of-charge charity events, even if these events were not “widely attended.”
RULES REGARDING EVENTS INVITING MEMBERS OF CONGRESS AND STAFF TO EVENTS
Members and staff may not accept food and gifts from an event sponsored by lobbyists or an organization that employs lobbyists unless the event is “widely attended,” meaning there must be at least 25 non-Congressional employees present representing different organizations or is open to the public. Members may attend a free event if it is in the member’s home state, is not attended by a registered lobbyist, and the member participates in the event. Members and staff may not accept food and gifts from an event sponsored by lobbyists or an organization that employs lobbyists unless the event is “widely attended,” meaning there must be at least 25 non-Congressional employees present representing different organizations or is open to the public. Members can also accept food from lobbyists if it is of nominal value (reception hors d’oeuvres or continental breakfast foods).
RULES REGARDING TICKETS TO SPORTING EVENTS AND CONCERTS
All tickets must be valued at their actually-printed All tickets must be valued at their actuallyNot addressed price or the price of a ticket in the same section. If a printed price; it is illegal to print a price ($49.99) ticket does not have a printed price and the seat is on a ticket that is valued to be more for all other *Reference: Venable LLP Bolded sections of the first column indicates S.1 would make SENATE RULES CHANGES; regular font indicates the bill would make STATUTORY CHANGES
The Legislative Transparency Act of 2007 (S.1)
not comparable to any other being sold, it must be valued at the highest printed cost for a ticket at the event.
House Rules January 4, 2007*
ticket buyers of comparable tickets. If a ticket does not have a printed price and the seat is not comparable to any other being sold, it must be valued at the highest printed cost for a ticket at the event. Prohibits members from flying on corporate planes; recent clarifications after the rule was enacted allows for members with FAA licenses to fly aircraft. Prohibits having a trip paid for by lobbyists or organizations that employ lobbyists. Exceptions include: (1) one day trips that can be extended to two days by the Ethics Committee and (2) travel sponsored by institutions of higher learning. Organizations that do not hire lobbyists may pay for a member or staffs’ travel, but must file an approval form with the Ethics Committee. The person traveling must do the same as well. Lobbyists cannot travel with the member or staffer.
The Honest Leadership and Open Government Act of 2007 (HR 2316)
TRAVEL ON CORPORATE PLANES FOR MEMBERS AND STAFF
Members must reimburse corporate flights at the charter rate and receive prior approval from the Secretary of the Senate 60 days before flying. Not specifically addressed
TRAVEL SPONSORED BY A LOBBYIST OR A ORGANIZATION THAT EMPLOYS LOBBYISTS
Prohibits having a trip paid for by lobbyists or organizations that employ lobbyists. Exceptions include: (1) one day trips approved by the Ethics Committee and (2) 501c3 organizations. Any member or staff travel must be approved by the Ethics Committee. Reimbursed travel can be extended to two days with Ethics Committee approval. Lobbyists cannot travel with the member or staffer. Prohibits having a trip paid for by lobbyists or organizations that employ lobbyists. Bill requires the rules and authorization forms for travel authorized under the House rules to be posted on the Internet.
LOBBYING DISCLOSURE REPORTS
Reports would now have to be made quarterly and would be available on the Internet. Not addressed Reports would now have to be made quarterly and would have to be filed online. The reports would also list all lobbyists’ past executive and congressional employment. This information would be made available free to the public online. Requires disclosure of campaign money
REPORTING CONTRIBUTIONS BY LOBBYISTS (“BUNDLING”)
Requires lobbyists to file with each chamber’s Not addressed *Reference: Venable LLP Bolded sections of the first column indicates S.1 would make SENATE RULES CHANGES; regular font indicates the bill would make STATUTORY CHANGES
The Legislative Transparency Act of 2007 (S.1)
respective office all contributions to members and members’ PACs, as well as all PAC contributions, and travel expenses reimbursed.
House Rules January 4, 2007*
The Honest Leadership and Open Government Act of 2007 (HR 2316)
totaling at least $5,000 that a lobbyist collects or solicits from others and provides to a lawmaker or other candidate, and includes reporting of bundling for leadership and other PACs (added via motion to recommit).
GRASSROOTS LOBBYING PROVISIONS
Not addressed; an amendment to add a section requiring disclosure of grassroots lobbying was defeated on a 55-43 vote. The Senate bill requires the disclosure of an earmark to the chairman and ranking member of the appropriate committee that the member will not financially benefit from the earmark, who the money is intended for and what region the earmark will benefit. Not addressed An amendment offered by Rep. Meehan was defeated in the Judiciary Committee by voice vote. Not addressed
EARMARK REFORM The House rules require the disclosure of earmarks in legislation and ban all earmarks in spending bills that would financially benefit members, their families, or special interest groups.
BAN ON LOBBYING BY FORMER MEMBERS AND EMPLOYEES The bill extends the waiting period before a member Not addressed An amendment extending the waiting period of Congress can lobby his or her former chamber from one to two years was defeated in from one to two years. committee. REQUIREMENTS REGARDING DISCLOSURE OF EMPLOYMENT NEGOTIATIONS
The bill requires Senators and certain employees to disclose to the Secretary of the Senate any potential negotiations for private sector employment. The Senator cannot vote on any bill that would impact their potential employer. Not addressed Not addressed The bill requires the disclosure of postCongressional employment negotiations to the House Ethics Committee. The member cannot vote on any bill that would impact their potential employer. The bill bans for one year any contact with the previous employer or the employers’ clients (via motion to recommit).
TRANSITION FROM LOBBYIST TO CONGRESSIONAL EMPLOYEE
Not addressed
*Reference: Venable LLP Bolded sections of the first column indicates S.1 would make SENATE RULES CHANGES; regular font indicates the bill would make STATUTORY CHANGES
The Legislative Transparency Act of 2007 (S.1)
Would require mandatory ethics training by Senators and staff
House Rules January 4, 2007*
All required to have yearly ethics training. All new staff must receive training within 60 days beginning work.
The Honest Leadership and Open Government Act of 2007 (HR 2316)
Not addressed
MANDATORY ETHICS TRAINING FOR MEMBERS AND STAFF
*Reference: Venable LLP Bolded sections of the first column indicates S.1 would make SENATE RULES CHANGES; regular font indicates the bill would make STATUTORY CHANGES