The Campaign Legal Center: Jan. 25, 2008: Current Lobbying and Ethics Rules for House and Senate

House and Senate:

Bans all gifts from lobbyists or entities that employ lobbyists to Members and staff, subject to existing gift rules exceptions.

Prohibits a Member from attending an event honoring Member at a convention if the event is paid for by a lobbyist. In December, the House Ethics Committee ruled that Members can attend an event if it honors a delegation or caucus and not a specific member . Senate Ethics Committee has not yet ruled upon this point.

BAN ON LOBBYIST-FUNDED TRAVEL.

House and Senate:

Prohibits Members or staff from accepting privately-financed travel from lobbyists or an entity which employs or retains lobbyists, or for a trip organized or attended by lobbyists.
Provides exception for travel funded by an entity that employs lobbyists if travel is connected to an event of one day or less.
Allows Members and staff to accept free attendance at an event in their home state if it is sponsored and attended by constituents, there are no registered lobbyists in attendance, and the cost of any meal served is less than $50.

Senate:

Provides exception for travel funded or sponsored by a 501(c)(3) organization that has been pre-approved by the Ethics Committee.

House:

DISCLOSURE AND CERTIFICATION REQUIREMENTS.

House and Senate:

Requires Members to provide Ethics Committee with pre-travel certification from trip sponsor stating that travel is (1) not funded in any part by a lobbyist or an entity that employs lobbyists, and (2) not planned or attended by lobbyists.

Requires Members to file post-travel report including description of meetings and events, and any contact with lobbyists during travel.

Requires that Members' reports on privately-financed travel be posted on a searchable public website (by January 1, 2008 for the Senate and by August 1, 2008 for the House).

LIMITS ON USE OF PRIVATE AIRCRAFT:

House:

Members and candidates for House office may not use personal, campaign or leadership PAC funds to pay for a flight on a privately-owned jet unless the jet is operated by a government entity.

Senate:

Senate Members, officers, and employees may fly on a privately-owned jet if they pay their pro rata share of the charter fee. The pro rata share is the total charter fee divided by the number of Members, officers, or employees of Congress on the flight.

Senate and Presidential Candidates:

Candidates for President and Senate may fly on a private jet if they pay their pro rata share of the charter fee within seven days of the flight. The FEC promulgated a rule in December 2007 providing that a candidate's pro rata share is the charter fee divided by the number of candidates and individuals traveling on behalf of candidates, their campaign committees and/or leadership PACs on the flight. (E.g., If Candidate A and Candidate B's campaign manager share a flight, each candidate is responsible for 50% of the charter fee.)

QUARTERLY REPORTS.

Requires lobbyists to file quarterly disclosure reports with Senate Secretary/ House Clerk in electronic format.

Reports must disclose (1) any legislative or executive employment of lobbyist within the last 20 years; and (2) any organizations that contribute more than $5,000 per quarter to the client or lobbyist to fund lobbying activities and which "actively participate" in such activities.

SEMIANNUAL REPORTS ON CAMPAIGN CONTRIBUTIONS.

Requires lobbyists to file semiannual reports with Senate Secretary/ House Clerk disclosing all contributions aggregating over $200 from lobbyist, the lobbyist's employer or an affiliated PAC to Member, federal candidate, leadership PAC or political party.

Reports must also include: payments to a Member or an entity controlled by Member; expenditures for events to honor a Member; and any donations exceeding $200 to a Presidential library foundation or Presidential inaugural committee.

OTHER REQUIREMENTS RELATING TO LOBBYING DISCLOSURE.

Requires Senate Secretary/ House Clerk to post reports in a searchable database on the Internet.

Non-compliance is punishable by civil penalty of up to $200,000, and criminal penalty of up to 5 years imprisonment.

SEMIANNUAL BUNDLING REPORTS BY CANDIDATES.

Requires candidates, party committees and leadership PACs to file semiannual reports with the FEC disclosing contributions bundled by a lobbyist totaling more than $15,000 in a six-month period.

Directs the FEC to promulgate rules within 6 months of date of HLOGA enactment (Sept. 14, 2007); FEC rulemaking is still pending. Bundling provision becomes effective 3 months after FEC regulations are final.

Senate:

Two-year cooling-off period before Senators can lobby either house of Congress; one-year period before senior Senate staff (persons receiving compensation equal to or more than 75% of Senator's salary) can lobby entire Senate.

House:

Unchanged from previous law: one-year cooling-off period before House Members can lobby either house of Congress; one-year period before senior House staff (persons receiving compensation equal to or more than 75% of Member's salary) can lobby the Member's office or committee at which they were employed.

OTHER

Criminalizes "K Street project," i.e. efforts to influence private hiring "solely on the basis of partisan political affiliation."

Requires Members and senior staff to disclose job negotiations and to recuse themselves in the event conflicts of interest connected to negotiations arise.