New Guidance" From Senate Ethics on Gifts -- One Less Cup of Coffee?
2.12.2008
In brief:
- The Senate Ethics Committee has released new guidance on its interpretation of the gift rules that helps clarify their application to one-on-one interactions with Senators and staff.
Since 1995, the Senate gift rules have had many exceptions. Last year's lobbying reform law didn't change them -- except to add a new one allowing Senators and staff to attend "small constituent events." But the new law's absolute ban on gifts from lobbyists has shone a harsh spotlight on these longstanding exceptions. Before, a lobbyist could buy a Senate staffer a cup of coffee, and have little fear of breaking any rule. Even if the coffee were a "gift," there was a $49.99 limit on such gifts. Now, however, lobbyists cannot provide a gift of any value to a Senator or staffer. Moreover, lobbyists must now certify to the government that they have made no gifts while knowing that they would violate the rules.
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Convention-al Wisdom, Part II
2.6.2008
- The Senate Ethics Committee has released its guidance interpreting HLOGA's new restrictions on Member participation at events at the national party conventions
Senate, House Diverge in Advice on Convention Events
The new lobbying reform law contains several provisions common to the House and Senate, but written differently for each chamber. Among these are the restrictions on lobbyist-paid convention events that honor Members.
At first blush, the House and Senate rules seem very much alike. Both apply "during the dates" on which the Member's own party holds its convention, when the Member seeks to "participate in an event honoring that Member." Both prohibit participation when the "event is directly paid for by a registered lobbyist," or by "a private entity that retains or employs such a registered lobbyist." The only apparent, substantive difference between the rules seems to be the scope of the exemption for Members who seek national office. In the House, the rule exempts all Members honored in their capacity as a presidential or vice presidential candidate -- even if their campaigns were not successful. But the Senate rule exempts only presumptive nominees.
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Take a Walk Down Memory Lane
2.4.2008
- The House and Senate have clarified the operation of the 20-year lookback on LDA reports.
The House and Senate recently updated their Lobbying Disclosure Act guidance to clarify the operation of HLOGA’s new requirement that individual lobbyists report all covered official positions held for 20 years before first lobbying for the registrant. Because the “covered official position” provision impacts both initial registrations and ongoing reporting, there has been a lot of confusion – and many cases, inaccurate recounting – about how this provision operates in practice. With their new guidance, found here, the House and Senate help to clear up confusion on this issue.
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