Post by Okwes on Apr 1, 2007 22:21:47 GMT -5
Senate shields tribes from new lobbying restrictions
The Senate overwhelmingly passed a broad ethics and lobbying reform package
on Thursday, shielding tribes from negative provisions that could have
weakened their presence in Washington.
In the wake of the Jack Abramoff lobbying scandal, tribal leaders were
worried that their right to participate in the political process could be
restricted. But they were encouraged after Democrats last week defeated an
attempt to
impose limits on their campaign contributions.
Another promising step occurred during final consideration of the reform
package yesterday. Sen. Dianne Feinstein (D-California) and Sen. Bob Bennett
(R-Utah) introduced an amendment to clarify that tribal lobbyists are
treated in
the same manner as state and local lobbyists.
The amendment, which was approved by unanimous consent, exempts former
government officials and employees who go to work for tribes from a "cooling
off"
period that was extended from one year to two years. State and local
lobbyists have already enjoyed the same exemption under existing law.
The proposal also ensures that former government officials and employees who
represent tribes can continue to lobby the federal agencies where they used
to work, as long as it's done pursuant to the Indian Self-Determination and
Education Assistance Act.
The original version of the reform package was unclear on this matter until
the Feinstein-Bennett was introduced. The Senate Indian Affairs Committee
requested the new language, Feinstein said on the floor yesterday.
The move is somewhat of a step back from a proposal advanced by Sen. John
McCain (R-Arizona), the former chairman of the Indian committee. He wanted
to
subject nearly all former government officials and employees who work for
tribes to a cooling-off period, citing potential conflicts of interest that
have
arisen due to the expansion of the $23 billion Indian gaming industry.
McCain's bill exempted work done in connection with self-determination
agreements, much like the Senate's new reform package. But the
Feinstein-Bennett
amendment isn't as far-reaching as McCain's proposal, which had passed the
Senate but failed to advance in the House.
After winning control of Congress in November, Democrats promised to change
the way Washington works. The House, in one of its first actions,
implemented
internal rules to ban gifts, trips and meals from lobbyists and to require
more disclosure on earmarks.
The Senate went further with S.1, which carries the weight of law. It passed
by a 97-2 vote, with only Sen. Orrin Hatch of Utah and Sen. Tom Coburn of
Oklahoma, both Republicans, objecting.
LOBBYING PROVISIONS:
The Senate bill affects two parts of the US Code. First, it amends _Section
207(j)(1) in Title 18_
(_http://indianz.http://indihttp://inhttp://indhttp://indiahttp://indianz.http
://indihttp://inhttp://india_
(http://indianz.com/my.asp?url=http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000207----000-.html) ) , which
imposes a
cooling-off period on former government officials and employees who become
lobbyists but exempts those who go to work for state and local governments.
It adds
the following to this section:
"The restrictions contained in this section shall not apply to acts done
pursuant to section 104 of the Indian Self-Determination and Education
Assistance Act."
Second, the bill makes a slight change to _Section 104(j) in Title 25_
(_http://indianz.http://indihttp://inhttp://indhttp://indiahttp://indianz.http
://ind_
(http://indianz.com/my.asp?url=http://www.law.cornell.edu/uscode/uscode25/usc_sec_25)
_00000450---_00000450---<WBR>i000-.html) , which exempts former governme
employees who work for tribes from the cooling-off period. It changes the
phrase:
"and former officers and employees of the United States employed by Indian
tribes may act as agents or attorneys for"
to this one:
"or former officers and employees of the United States who are carrying out
official duties as employees or as elected or appointed officials of an
Indian tribe may communicate with and"
The entire section will then read as:
Anything in sections 205 and 207 of title 18 to the contrary
notwithstanding, officers and employees of the United States assigned to an
Indian tribe as
authorized under section 3372 of title 5, or section 48 of this title or
former officers and employees of the United States who are carrying out
official
duties as employees or as elected or appointed officials of an Indian tribe
may communicate with and appear on behalf of such tribes in connection
[with]
any matter pending before any department, agency, court, or commission,
including any matter in which the United States is a party or has a direct
and
substantial interest: Provided, That each such officer or employee or former
officer or employee must advise in writing the head of the department,
agency,
court, or commission with which he is dealing or appearing on behalf of the
tribe of any personal and substantial involvement he may have had as an
officer
or employee of the United States in connection with the matter involved.
Senate Reform Bill:
_S.1_
(_http://indianz.http://indihttp://inhttp://inhttp://indiahttp://indiahttp://i
ndianz._
(http://indianz.com/my.asp?url=http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00001:) ) | _Roll Call on Passage of S.1_
(_http://indianz.http://indihttp://inhttp://indianhttp://indianz.http://inhttp
://indihttp_
(http://indianz.com/my.asp?url=http://www.senate.gov/legislative/LIS/roll_call_lists/roll)
_call_vote_cfm._call_vote_cf_ca&session=s&vote=00019) | _Roll Call on Tribal
Political
Donations Limit _
(_http://indianz.http://indihttp://inhttp://indianhttp://indi
anz.http://inhttp://indihttp://indhttp://inhttp://indianhtt&session=s&vote=00003_
(http://indianz.com/my.asp?url=http://www.senate.gov/legislative/LIS/roll_call_lists/roll_c
all_vote_cfm.cfm?congress=110&session=1&vote=00003) )
The Senate overwhelmingly passed a broad ethics and lobbying reform package
on Thursday, shielding tribes from negative provisions that could have
weakened their presence in Washington.
In the wake of the Jack Abramoff lobbying scandal, tribal leaders were
worried that their right to participate in the political process could be
restricted. But they were encouraged after Democrats last week defeated an
attempt to
impose limits on their campaign contributions.
Another promising step occurred during final consideration of the reform
package yesterday. Sen. Dianne Feinstein (D-California) and Sen. Bob Bennett
(R-Utah) introduced an amendment to clarify that tribal lobbyists are
treated in
the same manner as state and local lobbyists.
The amendment, which was approved by unanimous consent, exempts former
government officials and employees who go to work for tribes from a "cooling
off"
period that was extended from one year to two years. State and local
lobbyists have already enjoyed the same exemption under existing law.
The proposal also ensures that former government officials and employees who
represent tribes can continue to lobby the federal agencies where they used
to work, as long as it's done pursuant to the Indian Self-Determination and
Education Assistance Act.
The original version of the reform package was unclear on this matter until
the Feinstein-Bennett was introduced. The Senate Indian Affairs Committee
requested the new language, Feinstein said on the floor yesterday.
The move is somewhat of a step back from a proposal advanced by Sen. John
McCain (R-Arizona), the former chairman of the Indian committee. He wanted
to
subject nearly all former government officials and employees who work for
tribes to a cooling-off period, citing potential conflicts of interest that
have
arisen due to the expansion of the $23 billion Indian gaming industry.
McCain's bill exempted work done in connection with self-determination
agreements, much like the Senate's new reform package. But the
Feinstein-Bennett
amendment isn't as far-reaching as McCain's proposal, which had passed the
Senate but failed to advance in the House.
After winning control of Congress in November, Democrats promised to change
the way Washington works. The House, in one of its first actions,
implemented
internal rules to ban gifts, trips and meals from lobbyists and to require
more disclosure on earmarks.
The Senate went further with S.1, which carries the weight of law. It passed
by a 97-2 vote, with only Sen. Orrin Hatch of Utah and Sen. Tom Coburn of
Oklahoma, both Republicans, objecting.
LOBBYING PROVISIONS:
The Senate bill affects two parts of the US Code. First, it amends _Section
207(j)(1) in Title 18_
(_http://indianz.http://indihttp://inhttp://indhttp://indiahttp://indianz.http
://indihttp://inhttp://india_
(http://indianz.com/my.asp?url=http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00000207----000-.html) ) , which
imposes a
cooling-off period on former government officials and employees who become
lobbyists but exempts those who go to work for state and local governments.
It adds
the following to this section:
"The restrictions contained in this section shall not apply to acts done
pursuant to section 104 of the Indian Self-Determination and Education
Assistance Act."
Second, the bill makes a slight change to _Section 104(j) in Title 25_
(_http://indianz.http://indihttp://inhttp://indhttp://indiahttp://indianz.http
://ind_
(http://indianz.com/my.asp?url=http://www.law.cornell.edu/uscode/uscode25/usc_sec_25)
_00000450---_00000450---<WBR>i000-.html) , which exempts former governme
employees who work for tribes from the cooling-off period. It changes the
phrase:
"and former officers and employees of the United States employed by Indian
tribes may act as agents or attorneys for"
to this one:
"or former officers and employees of the United States who are carrying out
official duties as employees or as elected or appointed officials of an
Indian tribe may communicate with and"
The entire section will then read as:
Anything in sections 205 and 207 of title 18 to the contrary
notwithstanding, officers and employees of the United States assigned to an
Indian tribe as
authorized under section 3372 of title 5, or section 48 of this title or
former officers and employees of the United States who are carrying out
official
duties as employees or as elected or appointed officials of an Indian tribe
may communicate with and appear on behalf of such tribes in connection
[with]
any matter pending before any department, agency, court, or commission,
including any matter in which the United States is a party or has a direct
and
substantial interest: Provided, That each such officer or employee or former
officer or employee must advise in writing the head of the department,
agency,
court, or commission with which he is dealing or appearing on behalf of the
tribe of any personal and substantial involvement he may have had as an
officer
or employee of the United States in connection with the matter involved.
Senate Reform Bill:
_S.1_
(_http://indianz.http://indihttp://inhttp://inhttp://indiahttp://indiahttp://i
ndianz._
(http://indianz.com/my.asp?url=http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00001:) ) | _Roll Call on Passage of S.1_
(_http://indianz.http://indihttp://inhttp://indianhttp://indianz.http://inhttp
://indihttp_
(http://indianz.com/my.asp?url=http://www.senate.gov/legislative/LIS/roll_call_lists/roll)
_call_vote_cfm._call_vote_cf_ca&session=s&vote=00019) | _Roll Call on Tribal
Political
Donations Limit _
(_http://indianz.http://indihttp://inhttp://indianhttp://indi
anz.http://inhttp://indihttp://indhttp://inhttp://indianhtt&session=s&vote=00003_
(http://indianz.com/my.asp?url=http://www.senate.gov/legislative/LIS/roll_call_lists/roll_c
all_vote_cfm.cfm?congress=110&session=1&vote=00003) )