(page 1)
May 15, 1989
MEMORANDUM
TO: SENATOR DOLE
FROM : DENNIS SHEA
SUBJECT: MEETING OF THE REPUBLICAN ETHICS TASK FORCE
Attached for your review is a list of issues that Sen. Rudman would like to discuss at tomorrow's meeting of the Republican Ethics Task Force. The meeting is currently scheduled for noon in S-230.
1. Partisan v. Bipartisan Approach
The primary topic of discussion will be whether the Republicans should work together with the Democrats to develop a joint Congressional ethics package or whether the Republicans should proceed independently. The Democratic Task Force has indicated that it would like to cooperate with the Republicans. Sen. Rudman also believes that a cooperative approach ought to be taken.
2. Post-Employment Lobbying Restrictions
The second topic of discussion will probably be post-employment lobbying restrictions.
Under current law, executive branch personnel are generally prohibited from contacting other members of the executive branch during the year immediately following their departure from government service. The President's Government-Wide Ethics Act (the "Act") would extend this 1-year cooling-off period to senior personnel in the legislative and judicial branches. Under the Act, former members of Congress would be barred from contacting Members in either House of Congress during the cooling-off period. Former Congressional staff would also be barred from contacting staff employed by the specific body of Congress for which they had previously worked.
The Act would also prohibit former executive and legislative branch personnel from disclosing non-public government information during the 2-year period following their departure from government service.
These post-employment restrictions are similar to the post-employment restrictions contained in the ethics bill passed by Congress last year but vetoed by President Reagan. The restrictions, however, are less severe than the restrictions contained in S. 1, the bill introduced by Senators Thurmond and Metzenbaum and passed by the Senate in April of 1988.
The staff of the Democratic Ethics Task Force has recommended the adoption of S. 1 with certain minor modifications.
(page 2)
TUESDAY, MAY 16, 1989 12:00 NOON - S-230
Task Force on Ethics re: how to proceed on President's Ethics Act
Dole 
Danforth 
Roth 
Rudman 
Stevens 
Thurmond 
Lott 
Wallop
(page 3)
MAJOR ISSUES BEFORE THE GOP ETHICS TASK FORCE 1
:highlighted: 1. Partisan vs. Bipartisan Approach
:highlighted: 2. Post-Employment Contact
CURRENT: Executive branch employees prohibited from (a) representing a party for life on matters in which they were personally and subtantially involved, (b) from representing a party for 2 years on matters under their official responsibility, and (c) in case of some GS-16's and all EL-5's or higher, from contacting anyone in their former agency for 1 year. The Office of Government Ethics can divide (compartmentalize) agencies into separate components for purposes of this statute. Senate rules prohibit former Senators from contacting the Senate for 1 year and Senate staff from contacting certain staff and Members depending on where they worked. No rule governs the House.
:highlighted: BUSH: Retains current law, except that: (a) Congress would be covered;
(b) the scope of the 1 year ban is extended down to all GS-17's and no GS-16's;
(c) compartmentalization is prohibited only for the Executive Office of the President; and
(d) a new crime of releasing protected information.
DEM. STAFF: S. 1 (same as bill passed by Senate in April, 1988) with some modifications. This is substantially more restrictive than either the Bush proposal or the bill vetoed by President Reagan. :end highlight: Among other things:
(a) the 1 year ban would apply to everyone over GS-16;
(b) for Cabinet officials, EL-2's, and Members of Congress, the 1 year ban would apply to the entire branch and comparably ranked officials from the other branch;
(d) compartmentalization would be prohibited across the board;
(e) a new crime for releasing information relating to trade or treaty negotiations.
ALTERNATIVE 1: Accept Democratic staff proposal.
ALTERNATIVE 2: Modified Bush proposal or H.R. 5043 (the bill passed by both houses of Congress in October) .
:highlighted: 3. Office of Congressional Ethics
CURRENT: No such office.
:highlighted: BUSH: Creates office for management of financial disclosure and to investigate and report on allegations involving Members and congressional staff.
(page 4)
2
DEM. STAFF: Retains current law.
4. Financial Disclosure
:highlighted: BUSH: Major changes from current law include:
(a) actual value reporting in lieu of the ranges;
(b) prohibiting individuals from managing blind trusts;
(c) exempting the underlying assets held by widely diversified investment companies; and
(d) applying the executive branch requirements and procedures to Congress, include the vesting of waiver authority in the Office of Government Ethics. :end highlight:
:highlighted: DEM. STAFF: :end highlight: Accepts (b) and (c), above. Retains reporting of assets and incomes by ranges, :highlighted: but adds a new category of assets in excess of $1,000,000. :end highlight: Retains management of the current system for Congress in the 2 Ethics Committees.
:highlighted: 5. Gifts/Travel
CURRENT: Acceptance of gifts by employees is generally prohibited in the executive branch from any person with interests before that agency. Travel acceptance authority varies by agency. Congress is governed by Senate and House gift rules. These permit gifts up to $100 from "prohibited sources"; gifts of any amount from others subject to financial disclosure; meals, beverages, and entertainment in any amount in the Senate; and travel when in return for consideration of equal or greater value.
:highlighted: BUSH: Uniform government wide rules for acceptance of gift and travel, to be developed by OGE (gifts) and GSA (travel) . Travel reimbursement must be reasonable (as defined by GSA) and be passed through the employing agency. :end highlight:
DEM. STAFF: Deferred to leadership. Retain current law in interim.
ALTERNATIVE 1: Concur with Democratic staff proposal.
ALTERNATIVE 2: Accept Bush proposal as it relates to the executive branch. Retain current law for Congress.
ALTERNATIVE 3: Accept Bush proposal as it relates to the executive branch. Write new gift/travel rules for Senate which restrict travel to necessary reimbursements and limit enterntainment exception to gift rule.
:highlighted: 6. Conflict of Interest
CURRENT: Criminal statute does not apply to legislative branch.
(page 5)
3
:highlighted: BUSH: Applies criminal statute to congressional staff and the Judiciary, and to Members of Congress with regard to present or future compensation (except as it relates to their compensation as a Member of Congress). :end highlight:
DEM. STAFF: Retain current law.
ALTERNATIVE: Apply to legislative and judicial branches only as it relates to current or future compensation.
:highlighted: 7. Independent Counsel -- Members of Congress
CURRENT: Appointment of Independent Counsels is mandatory for the President, Vice President, Cabinet officers, White House officials paid the same salary as Members of Congress, Justice officials paid at EL-3 or higher (one step below Members), and the Chairman and Treasurer of the President's principal campaign committee. :end highlight: For all other individuals, the decision to appoint an I.C. is at the discretion of the Attorney General.
:highlighted: BUSH : Add Members of Congress to the list of officials for whom an I.C. is required. :end highlight:
DEM. STAFF: Retain current law.
8. Independent Counsel -- Generally
CURRENT: An I.C., once appointed, is essentially a free agent. His jurisdiction is restricted by the Court's initial order and cannot be expanded without the Attorney General's concurrence. Other than that, he runs his own operation subject only to federal law. The current authorizing statute was sponsored by Levin, enacted in 1979, and does not expire until 1984.
:highlighted: BUSH: Places jurisdictional and personnel practices under the control of the Attorney General. Requires that the Court name an I.C. from a list of 15 current or former prosecutors suggested by the Attorney General. :end highlight: States that the Attorney General retains any authority federal law requires him to exercise personally. Grants the Attorney General greater latitude in deciding whether to appoint an I.C. and more time to reach the decision.
DEM. STAFF: Retains current law.
ALTERNATIVE 1: Retain current law.
ALTERNATIVE 2: Include Bush proposal (or elements thereof) with the goal of negotiating some changes in current law.
(page 6)
Joyce
TUESDAY, MAY 16, 1989 
12:00 NOON - S-230
Task Force on Ethics re: how to proceed on President's Ethics Act :selected: 
Dole :selected:
Danforth :selected:
Roth :selected:
Rudman :selected:
Stevens :selected:
Thurmond :selected:
Lott :selected:
Wallop
(page 7)
Subject: task force on ethics how to proceed on Presidents Ethie Bert
Tuesday
DATE
May, 16.1989 TIME: 12:00 noon
LOCATION:
5-230
REPUBLICAN LEADERSHIP
Senator
Position
Invited
Yes
No
Armstrong
Policy Chairman
Chafee
Conference
Cochran
Conference Secretary
Dole
Republican Leader :selected: :selected:
Nickles
Senatorial Committee
Simpson
Asst. Republican Leader
RANKING COMMITTEE MEMBERS
Senator
Ranking Member
Invited
Yes
No
Boschwitz
Small Business
Chafee
Environment
Cohen
Intelligence
Danforth
Commerce :selected: :selected:
Domenici
Budget
Garn
Banking
Hatch
Labor
Hatfield
Appropriations
Heinz
Special-Aging
Helms
Foreign Relations
Lugar
Agriculture
McCain
Select-Indian Affairs
McClure
Energy
Murkowski
Veterans Affairs
Packwood
Finance
Roth
Govt. Affairs & Jt Eco. Cmte. :selected: :selected:
Rudman
Select-Ethics :selected: :selected:
Stevens
Rules & Administration w.c.b. :selected: :selected:
Thurmond
Judiciary :selected: :selected:
Warner
Armed Services
REPUBLICANS
Bond
Kassebaum
Burns
Kasten
Coats
· Lott 4 6253
D'Amato
Mack
Durenberger
McConnell
Gorton
Pressier
Gramm
Specter
Grassley
Symms
Humphrey
· Wallop 46441
Jeffords
Wilson :selected:
web
OTHERS:
DEMOCRATS
Adams
Kennedy
Baucus
Kerrey
Bentsen
Kerry
Biden
Kohl
Bingaman
Lautenberg
Boren
Leahy
Bradley
Levin
Breaux
Lieberman
Bryant
Matsunaga
Bumpers
Metzenbaum
Burdick
Mikulski
Byrd
Mitchell
Conrad
Moynihan
Cranston
Nunn
Daschle
Pell
DeConcini
Pryor
Dixon
Reid
Dodd
Riegle
Exon
Robb
Ford
Rockefeller
Fowler
Sanford
Glenn
Sarbanes
Gore
Sasser
Graham
Shelby
Harkin
Simon
Heflin
Wirth
Hollings
Inouye
Johnston
GPO: 1989 92-509 (m) :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: :unselected: