On January 20, President Joseph R. Biden signed an Executive Order mandating enhanced ethics rules for executive branch appointees. “Executive Order on Ethic Commitments by Executive Branch Personnel” requires new appointees sign and be contractually committed to the ethics pledge outlined in the order.

Appointees are prohibited from accepting gifts, with limited exceptions, from registered lobbyists and lobbying organizations for the duration of their service as appointees.

Appointees are also prohibited from participating in matters involving specific parties directly and substantially related to a former employer for two years after the date of appointment. Federal lobbyists and individuals registered under the Foreign Agents Registration Act may not seek or accept employment with any executive agency with respect to which he or she lobbied within the two years before the date of the appointment. The order also prohibits certain golden parachutes from former employers and includes a general two-year prohibition on lobbying after leaving a position.

Covered appointees include every full-time, non-career Presidential or Vice-Presidential appointee, non-career appointees in the Senior Executive Service, and appointees to certain positions excepted from the competitive service. It does not include any person appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.

On his last full day in office, President Trump revoked an executive order concerning governmental ethics and, in effect, removed barriers for former officials to lobby the United States government immediately. On January 19, President Trump signed an Executive Order fully revoking his prior Executive Order from 2017, which mandated ethic commitments for executive branch appointees.

On January 28, 2017, President Donald J. Trump signed Executive Order 13770, Ethics Commitments by Executive Branch Appointees, which prohibited appointees of the Executive Branch from lobbying the agency they were appointed to serve for five years after leaving office. Additionally, they would be permanently prohibited from engaging on behalf of any foreign government or foreign political party if it would require them to register under the Foreign Agents Registration Act.

The executive order is effective at noon when President-elect Joe Biden is sworn into office. Those prohibitions will no longer exist under President Trump’s 2017 Executive Order. The early order also prohibited appointees from accepting gifts, with limited exceptions, from registered lobbyists and lobbying organizations for the duration of their service as appointees. Also, registered lobbyists appointed to an executive agency could not participate in matters in which they lobbied for two years after the date of their appointment.

This 2017 Executive Order had superseded and revoked a similar Executive Order signed by former President Barack Obama in 2009.

Legislation aimed at reforming U.S. campaign finance, lobbying, and ethic laws is being reintroduced in the U.S. House of Representatives. H.R. 1, For the People Act 2021, is a sweeping 791-page bill incorporating much of H.R. 1 introduced in 2019 by the last Congress. That bill passed the House in the previous Congress but never got a vote in the U.S. Senate.

Among the changes in the bill, H.R. 1 restructures the Federal Election Commission and amends federal conflict of interest and lobbying laws. Introduced by Rep. John Sarbanes, the bill requires enhanced disclosure of donors making political contributions, creates a multiple matching system for small donations for political campaigns, and amends rules governing super PACs. If passed, the bill also requires presidential candidates to disclose their tax returns, prohibits partisan gerrymandering, increases oversight over election vendors, creates an automatic voter registration across the country, and changes registration requirements for lobbyists and foreign agents.

Another bill reintroduced is H.R. 244, Executive Branch Conflict of Interest Act, which expands and establishes new prohibitions related to conflicts of interest involving certain federal government employees, prohibits a federal government employee from accepting a bonus from a former private sector employer for entering government service, and increases lobbying restrictions to two years for certain senior officials. H.R. 244 also prohibits a procurement officer in the federal government from working for a company that received a contract overseen by the procurement officer during the officer’s last two years in government service.

On January 3, the United States House of Representatives began the first session of the 117th Congress.

Rep. Nancy Pelosi won her fourth election as speaker of the House by 216 votes to 209 votes. Of the 435 seats in the House, the Democrats lead with a slim majority of 222 seats.

Pelosi stated the lawmakers’ “most urgent priority will continue to be defeating the coronavirus,” according to the New York Times.

The U.S. Senate also officially met in a pro forma session to begin its two-year period of legislative business. On January 5, the Georgia election for its two U.S. Senators will decide which party controls the Senate.

President-elect Joe Biden’s newly formed inauguration committee will not be accepting contributions from registered federal lobbyists, foreign agents registered under the Foreign Agent Registration Act, or from fossil fuel companies, their executives, or PACs organized by them.

The Biden Inaugural Committee, a 501(c)(4) non-profit entity named PIC 2021, Inc., will still accept contributions from American corporate entities and associations to fund the celebratory events of the January 20, 2021 inauguration.

The contributions, which are not tax deductible as charitable contributions for federal income tax purposes, will also be accepted from labor organizations, U.S. citizens, and lawfully admitted permanent residents.

An inaugural committee is responsible for activities connected with the inaugural ceremony, except for the swearing-in ceremony at the Capitol and a luncheon honoring the president and vice president.

Contributions to an inaugural committee are not subject to any contribution limits.

Starting today at 5 p.m. and ending on April 1 at 8 p.m., the public will have limited access to the United States Capitol because of concerns of the spread of the novel coronavirus, COVID-19.

Michael C. Stenger, the Sergeant at Arms of U.S. Senate, and Paul D. Irving, the Sergeant at Arms of U.S. House of Representatives, in consultation with the Office of the Attending Physician, issued a statement on March 12.

They stated the Capitol Visitor Center will close all tours of the Capitol and other congressional office buildings, including the House and Senate office buildings and the Capitol grounds.

“Lawmakers, staff, credentialed journalists and visitors with official business would still be allowed entry,” according to Reuters. 

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2020 from $18,700 to $19,000. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2020.

On September 6, the Internal Revenue Service (IRS) issued a notice of a proposed rulemaking for allowing certain tax-exempt organizations to no longer be required to report the names and addresses of contributors on their annual reports.

Previously, the IRS had issued a guidance to this effect, but on July 30, the IRS guidance limiting these disclosure requirements was set aside by a federal judge.

In Bullock v. IRS, the U.S. District Court District of Montana (Great Falls) found the IRS violated the Administrative Procedure Act by not providing notice and allowing a public comment period before the guidance was issued. It predicated this decision by finding the guidance was a legislative rule.

On July 16, 2018, the U.S. Treasury Department and the IRS had announced certain tax-exempt organizations would no longer be required to report the names and addresses of contributors on their annual reports. This exemption from reporting applies to tax-exempt organizations generally not receiving tax-deductible contributions, such as labor unions, volunteer fire departments, issue-advocacy groups, local chambers of commerce, veterans’ groups, and community service clubs, according to the department’s press release.

These organizations are still required to continue to collect and keep the donor information and to make it available to the IRS upon its request.

This change did not affect the information required to be reported by charities primarily receiving tax-deductible contributions, such as 501(c)(3) organizations, certain nonexempt private foundations, or 527 political organizations. The Treasury Department and IRS had given three primary reasons for the change:

1. 1. The IRS makes no systematic use of this information collected by these organizations
   2. The policy reduces the risk of inadvertent disclosure or misuse of confidential information
   3. The policy saves both private and government resources

Comments on the proposed rule will be accepted for 90 days after the notice’s publication in the Federal Register.

On May 22, the U.S. Office of Government Ethics (OGE) will hold a virtual public hearing to gather comments for a proposed rule regarding executive branch officials and employees setting up legal expense funds.

The virtual public hearing will be recorded and a transcript of the hearing will be posted on OGE’s website.

The agency is seeking public comments even after the virtual hearing, with the comment period ending on June 14.

The OGE has also listed questions on its website for the public to consider in order to help the agency determine issues specifically related to legal expense funds.

Those questions include whether there should be contribution limits to legal expense funds; whether donations of pro bono legal services to legal expense funds should be permitted; and whether contributions should be subject to reporting requirements?

Vendors selling internet-of-things (IoT) to the federal government may soon be required to follow certain security guidelines concerning those devices.

House Bill 1668, the Internet of Things Cybersecurity Improvement Act of 2019, introduced into the U.S. House of Representatives on March 11, would require all federal contracts involving the purchase and use of internet-connected devices meet certain security requirements to better ensure these devices are secure against cyber-attacks.

The legislation requires contractors and vendors providing internet-of-things devices to the U.S. government adopt coordinated vulnerability disclosure policies, so that if a vulnerability is uncovered, that information is disseminated.

The bill also requires the National Institute of Standards and Technology (NIST) to issue recommendations addressing, at a minimum, secure development, identity management, patching, and configuration management for IoT devices.

Additionally, the legislation directs the Office of Management and Budget (OMB) to issue guidelines for each agency consistent with the NIST recommendations and mandates the OMB with reviewing these policies at least every five years.

“As the government continues to purchase and use more and more internet-connected devices, we must ensure that these devices are secure. Everything from our national security to the personal information of American citizens could be vulnerable because of security holes in these devices,” said the bill’s sponsor, Congresswoman Robin Kelly, in her press release.

On February 7, a bill was introduced in the U.S. House of Representatives to require publicly traded corporations to disclose all expenditures made for political activities.

House Bill 1053, the Corporate Political Disclosure Act of 2019, would require publicly traded corporations to disclose political expenditures, through the Securities and Exchange Commission, to their shareholders and to the general public.

The requirement would include reporting dues or other payments to trade associations that are, or could reasonably be anticipated to be, used or transferred to another association or organization for use on political activities.

The legislation, brought by Rep. Salud Ortiz Carbajal, was originally introduced in the prior congressional session, but never made it out of the House Committee on Financial Services.

On January 24, Rep. Warren Davidson introduced a resolution proposing an amendment to the U.S. Constitution providing members of the House of Representatives be apportioned among only U.S. citizens.

House Joint Resolution 34, the Fair Representation Amendment, would eliminate the practice of counting noncitizens during each census, counting only citizens for apportionment of representatives and electoral votes.

“Proper census calculations are needed to ensure that every citizen’s vote counts,” says Davidson in his press release. Davidson first introduced the legislation in the last Congress.

Currently, the census counts everyone residing in the U.S., including individuals employed, working, and residing legally in the country.

On January 24, Rep. Max Rose introduced a bill to amend the Lobbying Disclosure Act of 1995 to expand the scope of individuals and activities subject to the Act.

House Bill 783, the Lobbyist Loophole Closure Act, requires individuals who provide paid strategic advice in support of lobbying contacts with covered government officials to register as lobbyists, even if the individuals themselves do not make direct contact with the official.

“If someone acts like a lobbyist, and is paid like a lobbyist, then they ought to register as a lobbyist,” Rose said in his press release.

Federal Lobbyists are now required to disclose convictions for bribery, fraud, and other crimes when registering and reporting.

President Trump signed Senate Bill 2896, the “Justice Against Corruption on K Street Act of 2018” or the “JACK Act” on January 3. On December 20, 2018 the U.S. Congress passed the bill, which passed the U.S. Senate in August with unanimous consent.

The new law requires lobbyists to disclose any prior conviction for bribery, extortion, embezzlement, illegal kickbacks, tax evasion, fraud, conflicts of interest, making false statements, perjury, or money laundering.

The House voted 390-0 to pass the Senate’s bill on to President Trump.