Order Code RL33293
CRS Report for Congress
Received through the CRS Web
Lobbying and Related Reform Proposals:
Consideration of Selected Measures, 109th
Congress
March 3, 2006
R. Eric Petersen
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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Lobbying and Related Reform Proposals: Consideration
of Selected Measures, 109th Congress
Summary
Numerous measures related to the reform of lobbying activities, including
lobbying disclosure laws, campaign finance provisions, and congressional ethics and
procedural rules have been introduced in the House and Senate in the 109th Congress.
This report describes action taken on three measures that have received committee
consideration and have been subsequently reported either to the House or Senate.
These measures are: S. 2349, the Legislative Transparency and Accountability Act
of 2006, introduced by Senator Trent Lott and reported to the Senate by the
Committee on Rules and Administration on February 28, 2006; S. 2128, the
Lobbying Transparency and Accountability Act of 2005, introduced by Senator John
McCain, and reported to the Senate by the Committee on Homeland Security and
Governmental Affairs on March 2, 2206; and H.Res. 648, to eliminate floor
privileges and access to Member exercise facilities for registered lobbyists who are
former Members or officers of the House, introduced by Representative David
Dreier, and adopted by the House on January 25, 2006.
During the markups in each of the Senate committees, several Senators
indicated that floor consideration of both measures could begin during the week of
March 6. It has been reported that the provisions of S. 2128 and S. 2349 may be
combined in some manner before floor consideration.
This report provides two tables. The first table provides a comparison of current
law and congressional rules with S. 2349 and S. 2128 as reported by the Committees
on Rules and Administration and Homeland Security and Governmental Affairs,
respectively. The second table provides a summary of the changes made to S. 2128
between its introduction and time it was reported by the Committee on Homeland
Security and Governmental Affairs.
For further background and discussion of other lobbying-related proposals,
please consult see the CRS Current Legislative Issues page on Lobbying Disclosure
and Ethics Reform at [http://beta.crs.gov/cli/cli.aspx?PRDS_CLI_ITEM_ID=2405];
CRS Report RL33065, Lobbying Disclosure Reform: Background and Legislative
Proposals, 109th Congress, by R. Eric Petersen; CRS Report RL33234, Lobbying
Disclosure and Ethics Proposals Related to Lobbying Introduced in the 109th
Congress: A Comparative Analysis, by R. Eric Petersen; CRS Report RL33237,
Congressional Gifts and Travel, Legislative Proposals for the 109th Congress, by
Mildred Amer; and CRS Report RS22226, Summary and Analysis of Provisions of
H.R. 2412, the Special Interest Lobbying and Ethics Accountability Act of 2005, by
Jack Maskell.
This report will be updated to reflect congressional action.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Recent Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
S. 2128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
S. 2349 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Previous Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
House Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Senate Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
List of Figures
List of Tables
Table 1. Current Law and Senate Rules, S. 2128 and S. 2349 as reported
to the Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Table 2. S. 2128 as Introduced and as Reported to the Senate . . . . . . . . . . . . . . 21

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Lobbying and Related Reform Proposals:
Consideration of Selected Measures, 109th
Congress
Introduction
Numerous measures related to the reform of lobbying activities, including
lobbying disclosure laws, campaign finance provisions, and congressional ethics and
procedural rules have been introduced in the House and Senate in the 109th Congress.
This report describes action taken on three measures that have received committee
consideration and have been subsequently reported either to the House or Senate.
These measures are:
! S. 2349, the Legislative Transparency and Accountability Act of
2006, introduced by Senator Trent Lott;
! S. 2128, the Lobbying Transparency and Accountability Act of 2006,
introduced by Senator John McCain; and
! H.Res. 648, to eliminate floor privileges and access to Member
exercise facilities for registered lobbyists who are former Members
or officers of the House, introduced by Representative David Dreier.
Generally, the measures described in this report would amend some or all of the
following:
! Lobbying Disclosure Act of 1995 (LDA),1 as amended by the
Lobbying Disclosure Technical Amendments Act of 1998.2 LDA
requires lobbyists who are compensated for their actions, whether an
individual or firm, to register and to file semiannual reports of their
activities with the Clerk of the House and the Secretary of the
Senate.
! 18 U.S.C. 207, which specifies limitations on lobbying activities by
former executive branch officials, Members of Congress, and
congressional staff.
1 P.L. 104-65, Lobbying Disclosure Act of 1995 (109 Stat. 691, 2 U.S.C. 1601).
2 P.L. 105-166, Lobbying Disclosure Technical Amendments Act of 1998 (112 Stat. 38, 2
U.S.C. 1601 note).

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CRS-2
! Senate Rule XVI, Appropriations and Amendments to General
Appropriations Bills.
! Senate Rule XXIII, Privileges of the Floor.
! Senate Rule XXXV, Gifts.
! Senate Rule XXVIII, Conference Committees; reports; open
meetings.
! House Rule IV, The Hall of the House.
For further background and discussion of other lobbying-related proposals,
please consult CRS Report RL33065, Lobbying Disclosure Reform: Background and
Legislative Proposals, 109th Congress, by R. Eric Petersen; CRS Report RL33234,
Lobbying Disclosure and Ethics Proposals Related to Lobbying Introduced in the
109th Congress: A Comparative Analysis, by R. Eric Petersen; CRS Report
RL33237, Congressional Gifts and Travel, Legislative Proposals for the 109th
Congress, by Mildred Amer; and CRS Report RS22226, Summary and Analysis of
Provisions of H.R. 2412, the Special Interest Lobbying and Ethics Accountability Act
of 2005, by Jack Maskell.
Recent Action
S. 2128. On March 2, 2006, the Senate Committee on Homeland Security and
Governmental Affairs marked up S. 2128. Panel Chairman Senator Susan Collins
offered an amendment in the nature of a substitute for the entire measure. Seven
additional amendments were offered to the substitute during the markup.
Amendments adopted by the committee included:
! striking language to create an office of public integrity that would
have overseen LDA registration and disclosure processes, and
conducted certain activities related to congressional ethics
investigations. The amendment, which included provisions for the
writing of annual reports by the ethics committees of the House and
Senate, was offered by Senator George Voinovich, and adopted by
the committee by a vote of 10-5;
! the regulation of grassroots lobbying under LDA, offered by
Senators Joseph Lieberman and Carl Levin, and adopted by the
committee by a vote of 10-6; and
! two measures offered by Senator Norm Coleman. The first would
create a commission to strengthen confidence in Congress that
would evaluate congressional ethics and lobbying regulations and
laws and report its findings to Congress. The second amendment set
a 30-day deadline for disclosure by Senators of any privately funded
travel they take. Both amendments were adopted by voice vote.

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CRS-3
Three amendments were offered and withdrawn after brief debate. These were:
! an amendment to create a database for foreign lobbyists registered
under the Foreign Agents Registration Act of 1938, as amended,3
offered by Senator Levin;
! an amendment to restrict the activities of some legislative and
executive branch officials and assure impartiality in performing
official duties, offered by Senator Mark Dayton; and
! an amendment to prohibit the wrongful influencing of a private
entity’s employment decisions in exchange for political access or
favors, offered by Senator Frank Lautenberg.
The committee approved the substitute as amended and approved a motion to
report S. 2128 as amended to the Senate by a vote of 13 to 1.
S. 2349. On February 28, 2006, the Senate Committee on Rules and
Administration marked up an original measure, the Legislative Transparency and
Accountability Act of 2006. The measure was reported to the Senate by an 18-0
vote. Introduced in the Senate on March 1, and numbered S. 2349, the measure
amends Senate rules governing the interaction of Senators and Senate staff with
lobbyists, and makes several changes regarding Senate procedures thought to be
subject to influence by lobbyists. As reported by the committee, S. 2349 would:
! amend Senate rules to prohibit for one year any former Senate
senior-level employee4 who served on the staff of a Senator or of a
Senate committee, and who subsequently becomes a registered
lobbyist or lobbyist employee for the purpose of influencing
legislation, from lobbying any Senator, officer, or employee of the
Senate;
! require a Senator to file with the Secretary of the Senate, a statement
for public disclosure that he or she is negotiating or has any
arrangement concerning prospective employment if a conflict of
interest or the appearance of a conflict of interest may exist. The
disclosure would be required to file a disclosure within three days of
commencing such negotiation or arrangement;
! require a Senator or Senate staff to obtain written certification before
undertaking any travel that the trip was not financed in whole, or in
part, by a registered lobbyist or foreign agent, and that the provider
3 22 U.S.C. 612.
4 The proposal would affect Senate staff who worked for a Senator or Senate committee and
whose rate of pay was equal to or greater than 75%t of the rate of pay of a Senator for more
than 60 days in a calendar year. Senators are paid $165,200. Senate staff who earned more
than $2,382.69 or more per week for more than nine weeks, or $123,900 per year, would be
subject to the post employment restriction proposal.

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CRS-4
did not accept funds from a registered lobbyist or foreign agent
specifically earmarked for the purpose of financing the travel
expenses. A Senator would be required to provide the Select
Committee on Ethics a written, detailed itinerary of the trip; and a
determination that the trip is primarily educational; consistent with
the official duties of the Member, officer, or employee; does not
create an appearance of use of public office for private gain; and has
a minimal or no recreational component;
! require written approval of privately funded travel from the Select
Committee on Ethics. Within 30 days of completing the travel, a
Senator, officer, or employee would be required to file with the
Select Committee on Ethics and the Secretary of the Senate a
description of meetings and events attended during such travel and
the names of any registered lobbyist who accompanied them, subject
to limited exception on national security grounds. The measure
would require that trip information be posted on the Senator’s
official website not later than 30 days after the completion of the
travel;
! amend Senate rules to require the disclosure of noncommercial air
travel taken in connection with the duties of the Member, officer, or
employee, and file a report with the Secretary of the Senate,
including the date, destination, and owner or lessee of the aircraft,
the purpose of the trip, and the persons on the trip, except for any
person flying the aircraft;
! amend Senate rules to prohibit Senators from accepting gifts from
lobbyists. Senators and Senate staff could accept a meal or other
food from lobbyists subject to gift rule limits. Any food gift
accepted would be subject to public disclosure through the Senator’s
website;
! amend Senate rules to revoke floor privileges from any former
Senator, Senator-elect, Secretary of the Senate, Sergeant at Arms of
the Senate, or Speaker of the House who is a registered lobbyist or
agent of a foreign principal, or is an employee or representative of
any party or organization for the purpose of influencing, the passage,
defeat, or amendment of any legislative proposal; and
! require a Senator whose spouse or immediate family member5 is a
registered lobbyist or employees of a registrant under LDA for the
purpose of influencing legislation to prohibit all staff employed by
the Senator, including staff in personal, committee and leadership
offices, from having any official contact with the family member.
5 Under the measure, immediate family member would mean the son, daughter, stepson,
stepdaughter, son-in-law, daughter-in-law, mother, father, stepmother, stepfather,
mother-in-law, father-in-law, brother, sister, stepbrother, or stepsister of the Senator.

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CRS-5
S. 2349 would also allow any Senator to make a point of order against
consideration of a conference report that includes any matter not committed to the
conferees by either House. The point of order could be made and voted on separately
for each item alleged to be in violation. The point of order could be waived or
suspended by an affirmative vote of three fifths of the Members, duly chosen and
sworn. The Senate could appeal a ruling of the Chair on a point of order raised under
this measure by a three fifths vote.
Additionally, the measure would amend Senate rules, creating Rule XLIV
regarding earmarks. An earmark would be defined as a provision that specifies the
identity of a non-federal entity to receive assistance in the form of budget authority;
contract authority; loan authority; and other expenditures; or other revenue items, and
the amount of the assistance. Before consideration of any bill, amendment or
conference report could be in order, a list identifying all earmarks in the measure,
along with identification of the Senator(s) who proposed them, and an explanation
of the essential governmental purpose for the earmark must be made available, along
with any joint statement of managers associated with the measure, to all Senators
and made available on the Internet to the general public for at least 24 hours before
its consideration. Similarly, S. 2349 would amend Senate rules to require that
conference reports be available on the Internet 24 hours before consideration.
The measure would also amend Senate rules to prohibit a Senator from taking
or withholding, or threatening to take or withhold an official act, or to influence or
offer or threaten to influence the official act of another with the intent to influence
on the basis of partisan political affiliation an employment decision or employment
practice of any private entity. Finally, S. 2349 would establish the sense of the
Senate that any restrictions on legislative branch employees should apply to the
executive and judicial branches.
During the markups in both of these committees, several Senators indicated that
floor consideration of both measures could begin during the week of March 6, 2006.
It has been reported that the provisions of S. 2128 and S. 2349 may be combined in
some manner before floor consideration.6
Table 1 provides a comparison of current law and congressional rules and S.
2349 and S. 2128 as reported by the Committees on Rules and Administration and
Homeland Security and Governmental Affairs, respectively. Table 2 provides a
summary of the changes made to S. 2128 between its introduction and the time it was
reported by the Committee on Homeland Security and Governmental Affairs.
Previous Activity
House Action. On January 31,2006, Representative David Dreier, Chairman
of the Committee on Rules introduced H.Res. 648. On February 1, the House
6 Martin Kady, II, “Senate Panel Scales Back Lobbying Bill; Floor Action on Two Plans Up
N e x t , ” C Q T o d a y , M a r . 2 , 2 0 0 6 , a t [ h t t p : / / c q . c o m / d i s p l a y . d o
?docid=2058298&sourcetype=6].

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CRS-6
adopted the measure under suspension of the Rules, by a vote of 379 - 50, 1 present.
H.Res. 648 amended House Rule IV to deny floor privileges to former
Representatives, House officers, parliamentarians or former minority party employees
nominated as an elected officer of the House if they: are a registered lobbyist or agent
of a foreign principal; have any direct personal or pecuniary interest in any legislative
measure pending before the House or reported by a committee; or are employed or
represent any entity for the purpose of influencing, the passage, defeat, or amendment
of any legislative proposal.
The measure also amended House Rule IV to deny access to Member exercise
facilities to any former Member, officers, or their spouses, who is a registered
lobbyist.
Senate Activity. On January 25, 2006, the Senate Committee on Homeland
Security and Governmental Affairs held a hearing on lobbying proposals, including
S. 2128. As introduced, S. 2128 would amend LDA to require:
! quarterly, instead of semiannual, filing of lobbying disclosure
reports;
! reduction of the thresholds for which registration and disclosure are
required from $5,000 to $2,500 for a lobbying firm, and from
$20,000 to $10,000 for an an organization whose employees engage
in lobbying activities on its own behalf;
! reduction of the increments in which lobbying expenditures may be
estimated, from less than $10,000 to less than $5,000, or in larger
increments, from $20,000 to $10,000;
! disclosure by registered lobbyists of all past executive branch and
congressional employment;
! electronic filing of lobbyist registrations and disclosure reports filed
with the Secretary of the Senate or the Clerk of the House of
Representatives;
! establishment and maintenance of lobbying disclosure information
in an electronic database that directly links lobbying disclosure
information to the information disclosed in reports filed with the
FEC under FECA and made available to the public free of charge
through the Internet; and
! disclosure of grassroots lobbying communications by paid lobbyists
and itemized disclosure of expenditures on grassroots lobbying
activities. In the event that a grassroots lobbyist receives or spends
$250,000 or more for grassroots lobbying activities, an additional
report must be made within 20 days.
S. 2128 as introduced would have amended LDA to redefine the term “client”
as any person or entity that employs a lobbyist to carry out lobbying or grass roots

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CRS-7
lobbying activities on behalf of that person or entity. The measure required that firms
and other entities that are members of coalitions or associations that employ a
lobbyist are to be considered clients, along with the coalition or association, if their
total contribution related to lobbying activities is greater than $10,000.
S. 2128 as introduced would have increased the civil penalty for failure to
comply with lobbying disclosure requirements up to $100,000. The measure
provided for reviews and semiannual reports by the Comptroller General on activities
carried out by the Clerk of the House and the Secretary of the Senate under LDA.
Additionally, the ban on former senior executive personnel, former Members of
Congress, and legislative branch personnel preventing them from lobbying the entity
in which they previously served would have been extended from one to two years.7
7 S. 2128 requires a number of other changes to laws and rules governing congressional
ethics that are not directly related to lobbying disclosure. These include requiring public
disclosure by Members of Congress of employment negotiations and increased disclosure
of travel by Members of Congress. The measure also specifies the valuation of tickets to
sporting and entertainment events provided to covered executive and legislative branch
officials.

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CRS-8
Table 1. Current Law and Senate Rules, S. 2128 and S. 2349 as reported to the Senate
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Definition of Client
LDA, 2 U.S.C. 1602 (2). A
Would further define a client as any person or No provision proposed.
“client” is defined as any
entity that participates in a substantial way in
person or entity that employs
planning, supervision or control of lobbying
and compensates another
activities. Would not require disclosure if a
person to conduct lobbying
connection between the person or entity and
activities on their behalf.
the client is public knowledge, unless the
Under LDA, groups that carry person or entity plans, supervises or controls
out lobbying activities on their lobbying activities
own behalf must also register
with the Clerk and the
Secretary.
Definition of Grassroots
No provisions.
Further defines lobbying activities to include No provision proposed.
Lobbying
paid efforts to stimulate grassroots lobbying
but that do not include grassroots lobbying.
Defines grassroots lobbying to mean the
voluntary efforts of members of the general
public to communicate their views on an
issue to federal officials, or to encourage
other members of the public to do the same.
Definition of Grassroots
No provisions.
The term “grassroots lobbyist” would mean
No provision proposed.
Lobbyist
any individual who is retained by a client to
engage in grassroots lobbying, and who is
paid $25,000 or more in each quarterly
period.
Definition of Grassroots
No provisions.
No provision proposed.
No provision proposed.
Lobbying Firm

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CRS-9
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Definition of Grassroots
No provisions.
No provision proposed.
No provision proposed.
Lobbying Activities
Definition of Leadership
No provisions.
No provision proposed.
No provision proposed.
PAC
Paid Efforts to Stimulate
No provisions.
Would define paid efforts to stimulate
No provision proposed.
Grassroots Lobbying
grassroots lobbying as any paid attempt in
support of lobbying contacts on behalf of a
client to influence more than 500 members of
the general public to contact one or more
covered official to urge those officials (or
Congress) to take specific action on an issue.
The measure excludes communications from
an entity to its members, employees, officers,
or shareholders.
Disclosure Periods
LDA, 2 U.S.C. 1604. Requires Would require quarterly disclosure.
No provision proposed.
registrants to file LDA
disclosure reports
semiannually.
Electronic Filing of
Not required under LDA;
Would require electronic filing.
No provision proposed.
Lobbying Registration and
voluntary for filing with the
Disclosure Reports
Secretary of the Senate; and
mandatory after January 1,
2006 for filing with the Clerk
of the House.
Registration Requirements
LDA 2 U.S.C. 1603 (a)(1) .
No provision proposed.
No provision proposed.
Registration is required within
45 days of a lobbying contact
with a covered official.

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CRS-10
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Reporting Thresholds
LDA, 2 U.S.C. 1603
Would reduce thresholds to $2,500 and
No provision proposed.
(a)(3)(A)(i) and (ii). If the
$10,000, respectively.
total income for matters
related to lobbying activities
on behalf of a client
represented by a lobbying firm
exceeds $5,000, or total
expenses in connection with
the lobbying activities by an
organization whose employees
engage in lobbying activities
on its own behalf exceeds
$20,000, then registration and
disclosure are required.
Disclosure of Lobbying
LDA, 2 U.S.C. 1604 (c). A
Would reduce estimated expense increments No provision proposed.
Expenses
good faith estimate, by broad
for non-grassroots lobbying to less than
category, of the total amount
$5,000 and $10,000. Grassroots lobbyists
of lobbying-related income
would be subject to disclosure ranges of less
from the client, or
than $10,000, less than $25,000, with
expenditures by an
increments above $25,000 rounded to the
organization lobbying in its
nearest $20,000.
own behalf, during the
semiannual period.
Expenditures may be estimated
at less than $10,000 or in
increments of $20,000.

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CRS-11
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Linking Lobbying Disclosure Not required.
Would require establishment and
No provision proposed.
Information with Federal
maintenance of lobbying disclosure
Election Commission
information in an electronic data base which
Reports
directly links lobbying disclosure information
to the information disclosed in reports filed
with the Federal Election Commission under
the Federal Election Campaign Act of 1971,
and made available to the public free of
charge through the Internet.
Previous Executive Branch
LDA 2 U.S.C. 1603.
Would require disclosure by registered
No provision proposed.
or Legislative Branch
Registrants must disclose
lobbyists of all past executive branch and
Employment
whether they have served as a
congressional employment.
covered legislative branch or
executive branch official in the
two years preceding their
registration.
Disclosure and Separate
No provisions.
Would require good faith estimates of the
No provision proposed.
Itemization of Grassroots
proportion of the total amount spent on
Lobbying Expenses
grassroots lobbying activities, and within
that amount, the total amount specifically
relating to grassroots lobbying through paid
advertising.
Disclosure of Lobbyist
No provisions.
Would require registrants and lobbyists to
No provision proposed.
Contributions and
file a report disclosing their name, employer,
Payments--Campaigns
and the name of each federal candidate or
officeholder, leadership PAC, or political
party committee to whom a contribution of
$200 or more was made, or for whom a fund-
raising event was hosted or otherwise
sponsored.

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CRS-12
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Disclosure of Lobbyist
No provisions.
Would require disclosure within 30 days of
No provision proposed.
Contributions and
travel the name of each covered official for
Payments--Travel
whom a registrant or lobbyist employee
provided or arranged any payment or
reimbursement for travel, including an
itemization of payments or reimbursements
provided the purpose and final itinerary of
the trip, the names of registrants or
employees who were on the trip, the identity
of the trip sponsor, and the identity of any
person or entity other than the sponsor who
provided direct or indirect payment for the
travel.

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CRS-13
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Disclosure of Lobbyist
No provisions.
Would require disclosure of the date,
No provision proposed.
Contributions and
recipient, and amount of funds contributed or
Payments--Honors
arranged by a registrant or registrant
employee to pay the costs of; an event to
honor or recognize a covered legislative
branch official or covered executive branch
official; contributions to, or on behalf of, an
entity that is named for a covered legislative
branch official or covered executive branch
official, or to a person or entity in recognition
of such official; an entity established,
financed, maintained, or controlled by a
covered legislative branch official or covered
executive branch official, or an entity
designated by such official; or to pay the
costs of a meeting, retreat, conference or
other similar event held by, or for the benefit
of one or more covered official.
Disclosure of Lobbyist
No provisions.
No provision proposed. See Gifts or Travel
No provision proposed.
Contributions and
Provision by Registered Lobbyists.
Payments--Gifts
Gifts or Travel Provision by No LDA provisions
Would prohibit a registered lobbyist from
No provision proposed.
Registered Lobbyists.
making a gift or providing travel to any
Member of Congress or their staff
Penalties for Noncompliance LDA 2 U.S.C. 1606. Civil
Civil penalty, up to $100,000
No provision proposed.
penalty, up to $50,000

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CRS-14
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Disclosure of Enforcement
No provisions.
Would require the Clerk and the Secretary to No provision proposed.
for Non Compliance
provide semiannual reports to the House
Committee on Government Reform and
Senate Committee on Homeland Security and
Governmental Affairs listing the number of
lobbyists and lobbying firms referred to the
United States Attorney for the District of
Columbia for noncompliance. Would require
the United States Attorney for the District of
Columbia to report on a semiannual basis the
number of enforcement actions and the
amount of any fines to the House Committees
on Government Reform and the Judiciary,
and the Senate committees on Homeland
Security and Governmental Affairs and the
Judiciary.
Revolving Door Provisions
18 U.S.C. 207. Former senior Former senior executive personnel, former
Would amend Senate rules to prohibit for one year
executive personnel, former
Members of Congress, and legislative branch any former Senate employee who served on the
Members of Congress and
personnel, would be prevented from lobbying staff of a Senator or of a committee and whose
some noncongressional
the entity in which they previously served for rate of pay was equal to or greater than 75% of the
legislative branch personnel
two years. The measure would extend the
rate of pay of a Senator for more than 60 days in a
are prevented from lobbying
chamber-wide ban on Members of Congress
calendar year, and who subsequently becomes a
the entity in which they
to include senior congressional staff.
registered lobbyist or lobbyist employee for the
previously served for one year.
purpose of influencing legislation, from lobbying
Senior congressional personnel
any Senator, officer, or employee of the Senate.
are prevented from lobbying
the office or committee in
which they previously served
for one year.

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CRS-15
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Public Disclosure by
No provisions.
No provision proposed.
Would require a Senator to file with the Secretary
Members of Employment
of the Senate a statement for public disclosure that
Negotiations
he or she is negotiating or has any arrangement
concerning prospective employment if a conflict
of interest or the appearance of a conflict of
interest may exist. The disclosure would be
required to file a disclosure within three days of
commencing such negotiation or arrangement.
Sporting and Entertainment House Rule XXV and Senate
No provision proposed.
No provision proposed.
Ticket Valuation
Rule XXXV generally ban the
acceptance of gifts valued in
excess of $100, subject to
some limitations unrelated to
interactions with lobbyists.
Oversight of Lobbying
No specific provisions.
Would require the Comptroller General to
No provision proposed.
audit annually registrations and reports filed
under LDA to determine the extent of
compliance by lobbyists and their clients and
report to Congress by April 1.

---

CRS-16
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Privately Sponsored Travel
House Rule XXV, Senate
No provision proposed.
Before undertaking any privately sponsored travel,
Rule XXXV. Lobbyists are
a Senator, or Senate officer or employee would be
prohibited from paying for
required to obtain written certification from the
travel for Members and staff,
travel provider that the trip was not financed in
but may arrange travel and
whole, or in part, by a registered lobbyist or
have their clients pay for it
foreign agent, and that the provider did not accept
with certain restrictions. Firms
funds from a registered lobbyist or foreign agent
and other entities may pay
specifically earmarked for the purpose of
travel expenses for Members.
financing the travel expenses. A Senator would be
Privately owned aircraft may
required to provide the Select Committee on
be used for travel. The cost of
Ethics a written, detailed itinerary of the trip; and
that travel is valued at the
a determination that the trip is primarily
same rate as first-class airfare,
educational; consistent with the official duties of
which may be different than
the Member, officer, or employee; does not create
charter rates or actual cost.
an appearance of use of public office for private
Members and staff must
gain; and has a minimal or no recreational
disclose the sponsor and costs
component. The measure would require written
of privately funded travel.
approval of the trip from the Select Committee on
Ethics. Within 30 days of completing the travel, a
Senator, officer, or employee would be required to
file with the Select Committee on Ethics and the
Secretary of the Senate a description of meetings
and events attended during such travel and the
names of any registered lobbyist who
accompanied them, subject to limited exception on
national security grounds. The measure would
require that trip information be posted on the
Senator’s official website not later than 30 days
after the completion of the travel. The measure
would amend Senate rules to require the disclosure

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CRS-17
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Gifts
House Rule XXV, Senate
No provision proposed.
Would amend Senate rules to prohibit Senators
Rule XXXV.
from accepting gifts from lobbyists. Would allow
Senators and Senate staff to accept a meal or other
food from lobbyists subject to gift rule limits.
Any food gift accepted would be subject to public
disclosure through the Senator's website.
Floor Privileges
House Rule IV and Senate
No provision proposed.
Would amend Senate rules to revoke floor
Rule XXIII provide floor
privileges from any former Senator, Senator-elect,
privileges to former Members
Secretary of the Senate, Sergeant at Arms of the
of the respective chambers.
Senate, or Speaker of the House who is a
registered lobbyist or agent of a foreign principal,
or is an employee or representative of any party or
organization for the purpose of influencing, the
passage, defeat, or amendment of any legislative
proposal.
Disclosure of Employment
No provisions.
No provision proposed.
No provision proposed.
Negotiations
Ethics Training
No provisions requiring
Would require the Senate Select Committee
No provision proposed.
training. Training is provided on Ethics to conduct ongoing training and
by the ethics committee of
awareness programs for the Senate, and
each chamber.
require new Senators and staff to complete
training within 60 days of commencing
service or employment. Current Senators and
staff would be required to complete training
within 120 days of enactment.
Ethics Committees Annual
No provisions.
Would require the ethics panel in each
No provision proposed.
Reports
chamber to issue an annual report by January
31 listing the number of allegations received,
and their disposition.

---

CRS-18
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Commission to Strengthen
No provisions.
Would establish a Commission to Strengthen No provision proposed.
Confidence in Congress
Confidence in Congress. The bipartisan, 10
member commission would be appointed by
the majority and minority leadership of each
chamber. The commission would be charged
with:
– evaluating and reporting the effectiveness
of current congressional ethics requirements,
if penalties are enforced and sufficient, and
making recommendations for new penalties;
– weighing the need for improved ethical
conduct with the need for lawmakers to have
access to expertise on public policy issues:
– determining whether the current system for
enforcing ethics rules and standards of
conduct is sufficiently effective and
transparent:
– determining whether the statutory
framework governing lobbying disclosure
should be expanded to include additional
means of influencing covered officials;
– determining whether additional ethical
conduct or disclosure standards need to be
enacted; and
– reporting findings to Congress.

---

CRS-19
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Out of Scope Matters in
No provisions.
No provision proposed.
Would allow any Senator to make a point of order
Conference Reports
against consideration of a conference report that
includes any matter not committed to the
conferees by either House. The point of order
could be made and voted on separately for each
item alleged to be in violation. The point of order
could be waived or suspended by an affirmative
vote of three fifths of the Members, duly chosen
and sworn. The Senate could appeal the ruling of
the Chair on a point of order raised under this
measure by a three fifths vote.
Earmark Reform
No provisions.
No provision proposed.
Would amend Senate rules, creating Rule XLIV
regarding earmarks. An earmark would be defined
as provision that specifies the identity of a non-
federal entity to receive assistance in the form of
budget authority; contract authority; loan
authority; and other expenditures; or other revenue
items, and the amount of the assistance. Before
consideration of any bill, amendment or
conference report could be in order, a list
identifying all earmarks in the measure, along with
identification of the Senator(s) who proposed
them, and an explanation of the essential
governmental purpose for the earmark must be
made available, along with any joint statement of
managers associated with the measure, to all
Senators, and made available on the Internet to the
general public for at least 24 hours before its
consideration.

---

CRS-20
S. 2128, Reported by Committee on
S. 2349, Reported by Committee on Rules and
Issue
Current Provisions
Homeland Security and Governmental
Administration
Affairs
Conference Reports on the
No provisions.
No provision proposed.
Would amend Senate Rules to require that
Internet
conference reports be available on the Internet 24
hours before consideration.
Official Contact with Family No provisions.
No provision proposed.
Would require a Senator whose spouse or
Members Who Lobby
immediate family member is a registered lobbyist
or employees of a registrant under LDA for the
purpose of influencing legislation to prohibit all
staff employed by the Senator, including staff in
personal, committee and leadership offices from
having any official contact with the family
member.
Influencing Hiring Decisions No provisions.
No provision proposed.
Would amend Senate rules to prohibit a Senator
from taking or withholding, or threatening to take
or withhold an official act, or to influence or offer
or threaten to influence the official act of another
with the intent to influence on the basis of partisan
political affiliation an employment decision or
employment practice of any private entity.
Sense of the Senate
No provisions.
No provision proposed.
Would establish the sense of the Senate that any
restrictions on legislative branch employees
should apply to the executive and judicial
branches.

---

CRS-21
Table 2. S. 2128 as Introduced and as Reported to the Senate
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Definition of Client Would amend LDA to redefine the term “client” as any
Would further define a client as any person or entity that participates in a
person or entity that employs a lobbyist on behalf of that
substantial way in planning, supervision or control of lobbying activities.
person or entity. The measure requires that firms and other
Would not require disclosure if a connection between the person or entity and
entities that are members of coalitions or associations that
the client is public knowledge, unless the person or entity plans supervises or
employ a lobbyist, are to be considered clients, along with
controls lobbying activities.
the coalition or association, if their total contribution related
to lobbying activities is greater than $10,000. Would treat
nonprofit entities that are tax exempt under Section 501 (c)
of the Internal Revenue Code as clients.
Definition of
Under the measures, the term “grassroots lobbying” —
Further defines lobbying activities to include paid efforts to stimulate
Grassroots
would mean (A) any attempt to influence the general public, grassroots lobbying but that do not include grassroots lobbying. Defines
Lobbying
or segments thereof, to engage in lobbying contacts whether grassroots lobbying to mean the voluntary efforts of members of the general
or not those contacts were made on behalf of a client; and
public to communicate their views on an issue to federal officials, or to
(B) does not include any attempt described in subparagraph
encourage other Members of the public to do the same.
(A) by a person or entity directed to its members,
employees, officers or shareholders, unless such attempt is
financed with funds directly or indirectly received from or
arranged by a retained registrant.
Definition of
The term “grassroots lobbyist” would mean any individual
The term “grassroots lobbyist” would mean any individual who is retained by
Grassroots
who is retained by a client for financial or other
a client to engage in grassroots lobbying, and who is paid $25,000 or more in
Lobbyist
compensation for services to engage in grassroots lobbying.
each quarterly period.
Definition of
The term “grassroots lobbying firm” would mean (A) a
No provision proposed.
Grassroots
person or entity that has one or more employees who are
Lobbying Firm
grassroots lobbyists on behalf of a client other than that
person or entity; and (B) includes a self-employed individual
who is a grassroots lobbyist.

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CRS-22
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Definition of
The term “grassroots lobbying activities” would mean
No provision proposed.
Grassroots
grassroots lobbying and efforts in support of grassroots
Lobbying
lobbying, including preparation and planning activities,
Activities
research and other background work that is intended, at the
time it is performed, for use in grassroots lobbying, and
coordination with the lobbying activities or grassroots
lobbying activities of others.
Definition of
The term “leadership PAC” would mean, with respect to an
No provision proposed.
Leadership PAC
individual holding federal office, an unauthorized political
committee which is associated with such individual.
Paid Efforts to
Would define paid efforts to stimulate grassroots lobbying as any paid attempt
Stimulate
in support of lobbying contacts on behalf of a client to influence more than
Grassroots
500 members of the general public to contact one or more covered official to
Lobbying
urge those officials (or Congress) to take specific action on an issue. The
measure excludes communications from an entity to its members, employees,
officers, or shareholders.
Disclosure Periods Would require quarterly disclosure.
Would require quarterly disclosure.
Electronic Filing of Would require electronic filing of lobbyist registrations and
Would require electronic filing.
Lobbying
disclosure reports filed with the Secretary of the Senate or
Registration and
the Clerk of the House of Representatives.
Disclosure Reports
Registration
Registration would be required within 20 days of contact.
No provision proposed.
Requirements
Reporting
Would reduce thresholds to $2,500 and $10,000,
Would reduce thresholds to $2,500 and $10,000, respectively.
Thresholds
respectively.

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CRS-23
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Disclosure of
Would reduce estimated expense increments to less than
Would reduce estimated expense increments for non-grassroots lobbying to
Lobbying
$5,000 and $10,000.
less than $5,000 and $10,000. Grassroots lobbyists would be subject to
Expenses
disclosure ranges of less than $10,000, less than $25,000, with increments
above $25,000 rounded to the nearest $20,000.
Linking Lobbying Would require establishment and maintenance of lobbying
Would require establishment and maintenance of lobbying disclosure
Disclosure
disclosure information in an electronic data base which
information in an electronic data base which directly links lobbying
Information with
directly links lobbying disclosure information to the
disclosure information to the information disclosed in reports filed with the
Federal Election
information disclosed in reports filed with the Federal
Federal Election Commission under the Federal Election Campaign Act of
Commission
Election Commission under the Federal Election Campaign
1971, and made available to the public free of charge through the Internet.
Reports
Act of 1971, and made available to the public free of charge
through the Internet.
Previous Executive Would require disclosure by registered lobbyists of all past
Would require disclosure by registered lobbyists of all past executive branch
Branch or
executive branch and congressional employment.
and congressional employment.
Legislative Branch
Employment
Disclosure and
Would require good faith estimates of the proportion of the
Would require good faith estimates of the proportion of the total amount spent
Separate
total amount spent on grassroots lobbying activities, and
on grassroots lobbying activities, and within that amount, the total amount
Itemization of
within that amount, the total amount specifically relating to
specifically relating to grassroots lobbying through paid advertising.
Grassroots
grassroots lobbying through paid advertising.
Lobbying
Expenses
Disclosure of
A grassroots lobbying firm that receives income of, or
No provision proposed.
Large Grassroots
spends or agrees to spend, an aggregate amount of $250,000
Expenditures
or more on grassroots lobbying activities for a client, or for a
group of clients for a joint effort, would be required to file a
report within 20 days after receiving, spending, or agreeing
to spend that amount, and additional reports within 20 days
after each subsequent time an aggregate amount of $250,000
is spent on grassroots lobbying activities for a client, or for a
group of clients for a joint effort.

---

CRS-24
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Disclosure of
In the disclosure of a grassroots lobbying firm, for each
No parallel provision proposed. See Disclosure and Separate Itemization of
Grassroots
client, the measure would require: a list of the specific issues Grassroots Lobbying Expenses
Lobbying
upon which the registrant engaged in grassroots lobbying
Activities
activities, including, to the maximum extent practicable, a
list of bill numbers and references to specific executive
branch activities; the total disbursements made for
grassroots lobbying activities, and a subtotal for
disbursements made for grassroots lobbying through paid
advertising; identification of each person or entity who
received a disbursement of funds for grassroots lobbying
activities of $10,000 or more during the period and the total
amount each person or entity received; and if such
disbursements are made through a person or entity who
serves as an intermediary or conduit, identification of each
such intermediary or conduit, the person or entity who
receives the funds, and the total amount each such person or
entity received.
Disclosure of
For each LDA registrant, and for any political committee, as Would require registrants and lobbyists to file a report disclosing their name,
Lobbyist
defined Section in 301(4) of the Federal Election Campaign employer, and the name of each federal candidate or officeholder, leadership
Contributions and Act of 1971 (2 U.S.C. 431(4)), affiliated with such
PAC, or political party committee to whom a contribution of $200 or more
Payments —
registrant, and for each employee of an LDA registrant, the
was made, or for whom a fund-raising event was hosted or otherwise
Campaigns
measure would require the disclosure of the name of each
sponsored.
federal candidate or officeholder, leadership PAC, or
political party committee, to whom a contribution was made,
and the date and amount of such contribution, and for whom
a fund-raising event was sponsored, the date and location of
the event, and the total amount raised by the event.

---

CRS-25
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Disclosure of
Would require each LDA registrant, its employees, and any
Would require disclosure within 30 days of travel the name of each covered
Lobbyist
affiliated political committee, as defined in FECA, to
official for whom a registrant or lobbyist employee provided or arranged any
Contributions and disclose the name of each covered legislative branch official payment or reimbursement for travel, including an itemization of payments or
Payments —
or covered executive branch official for whom the registrant reimbursements provided the purpose and final itinerary of the trip, the names
Travel
provided any payment or reimbursements for travel and
of registrants or employees who were on the trip, the identity of the trip
related expenses in connection with the covered official’s
sponsor, and the identity of any person or entity other than the sponsor who
duties. For each covered official the registrant would be
provided direct or indirect payment for the travel.
required to disclose: an itemization of the payments or
reimbursements provided to finance the travel and related
expenses for the covered official, and to whom the payments
or reimbursements were made; the purpose and final
itinerary of the trip, including a description of all meetings,
tours, events, and outings attended; the names of any
registrant or individual employed by the registrant who
traveled on any such trip; the identity of official or listed
sponsor of travel; and the identity of any person or entity,
other than the listed sponsor of the travel, which directly or
indirectly provided for payment.
Disclosure of
Would require each LDA registrant, its employees, and any
Would require disclosure of the date, recipient, and amount of funds
Lobbyist
affiliated political committee, as defined in FECA, to
contributed or arranged by a registrant or registrant employee to pay the costs
Contributions and disclose the date, recipient, and amount of funds contributed of; an event to honor or recognize a covered legislative branch official or
Payments —
to pay the costs of; an event to honor or recognize a covered covered executive branch official; contributions to, or on behalf of, an entity
Honors
legislative branch official or covered executive branch
that is named for a covered legislative branch official or covered executive
official; contributions to, or on behalf of, an entity that is
branch official, or to a person or entity in recognition of such official; an
named for a covered legislative branch official or covered
entity established, financed, maintained, or controlled by a covered legislative
executive branch official, or to a person or entity in
branch official or covered executive branch official, or an entity designated
recognition of such official; an entity established, financed,
by such official; or to pay the costs of a meeting, retreat, conference or other
maintained, or controlled by a covered legislative branch
similar event held by, or for the benefit of one or more covered official.
official or covered executive branch official, or an entity
designated by such official; or to pay the costs of a meeting,
retreat, conference or other similar event held by, or for the
benefit of one or more covered official.

---

CRS-26
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Disclosure of
For each LDA registrant, and for any political committee, as No provision proposed. See Gifts or Travel Provision by Registered
Lobbyist
defined Section in 301(4) of the Federal Election Campaign Lobbyists.
Contributions and Act of 1971 (2 U.S.C. 431(4)), affiliated with such
Payments — Gifts registrant, and for each employee of an LDA registrant, the
measure would require the disclosure of the date, recipient,
and amount of any gift that, under the rules of the House of
Representatives or Senate, counts towards the $100
cumulative annual limit valued in excess of $20 given by a
registrant or employee listed as a lobbyist to a covered
legislative branch official or covered executive branch
official.
Gifts or Travel
As above.
Would prohibit a registered lobbyist from making a gift or providing travel to
Provision by
any Member of Congress or their staff.
Registered
Lobbyists.
Penalties for
Civil penalty, up to $100,000.
Civil penalty, up to $100,000.
Noncompliance
Disclosure of
No provision proposed.
Would require the Clerk and the Secretary to provide semiannual reports to
Enforcement for
the House Committee on Government Reform and Senate Committee on
Non Compliance
Homeland Security and Governmental Affairs listing the number of lobbyists
and lobbying firms referred to the United States Attorney for the District of
Columbia for noncompliance. Would require the United States Attorney for
the District of Columbia to report on a semiannual basis the number of
enforcement actions and the amount of any fines to the House Committees on
Government Reform and the Judiciary, and the Senate committees on
Homeland Security and Governmental Affairs and the Judiciary.

---

CRS-27
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Revolving Door
Former senior executive personnel, former Members of
Former senior executive personnel, former Members of Congress, and
Provisions
Congress, and legislative branch personnel, would be
legislative branch personnel, would be prevented from lobbying the entity in
prevented from lobbying the entity in which they previously which they previously served for two years. The measure would extend the
served for two years.
chamber wide ban on Members of Congress to include senior congressional
staff.
Public Disclosure
Within three days of commencing such negotiation or
No provision proposed.
by Members of
arrangement, a Member would be required to file with the
Employment
Clerk of the House or Secretary of the Senate, as
Negotiations
appropriate, a statement for public disclosure that he or she
is negotiating or has any arrangement concerning
prospective employment if a conflict of interest or the
appearance of a conflict of interest may exist.
Other
An individual who was formerly a government official and
No provision proposed.
Employment
who is an employee of an American Indian tribe employed
Rights
to perform services formerly performed for the United
States, may communicate with and appear before any
department, agency, court, or commission on behalf of the
American Indian tribe with respect to any matter, upon
providing notification to the head of the appropriate entity of
the extent of their previous involvement with the matter as a
government official.
Sporting and
Requires tickets for sporting and entertainment events that
No provision proposed.
Entertainment
are given as gifts to covered officials to be valued at face
Ticket Valuation
value. Tickets without a face value would be valued at the
highest published rate.

---

CRS-28
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Oversight of
Would require the Comptroller General to review
Would require the Comptroller General to audit annually registrations and
Lobbying
semiannually the activities of the Clerk and Secretary under reports filed under LDA to determine the extent of compliance by lobbyists
Section 6 of LDA, emphasizing the effectiveness in securing and their clients and report to Congress by April 1.
compliance by lobbyists with the requirements of LDA and
whether the clerk, and the secretary have the resources and
authorities needed for effective oversight and enforcement of
the act.
Disclosure of
Would require a Member of Congress to file with the Clerk
No provision proposed.
Employment
of the House or Secretary of the Senate, as appropriate, a
Negotiations
statement for public disclosure that he or she is negotiating
or has any arrangement concerning prospective employment
if a conflict of interest or the appearance of a conflict of
interest may exist. The Member would be required to file a
disclosure within three days of commencing such
negotiation or arrangement.
Ethics Training
No provision proposed.
Would require the Senate Select Committee on ethics to conduct ongoing
training and awareness programs for the Senate, and require New Senators
and staff to complete training within 60 days of commencing service or
employment. Current Senators and staff would be required to complete
training within 120 days of enactment.
Ethics Committees No provision proposed.
Would require the ethics panel in each chamber to issue an annual report by
Annual Reports
January 31 listing the number of allegations received, and their disposition.

---

CRS-29
As Reported by Committee on Homeland Security and Governmental
Issue
S. 2128, as Introduced
Affairs
Commission to
No provision proposed.
Would establish a Commission to Strengthen Confidence in Congress. The
Strengthen
bipartisan, 10 member commission would be appointed by the majority and
Confidence in
minority leadership of each chamber. The commission would be charged
Congress
with:
– evaluating and report the effectiveness of current congressional ethics
requirements, if penalties are enforced and sufficient, and make
recommendations for new penalties;
– weighing the need for improved ethical conduct with the need for
lawmakers to have access to expertise on public policy issues
– determining whether the current system for enforcing ethics rules and
standards of conduct is sufficiently effective and transparent
– determining whether the statutory framework governing lobbying disclosure
should be expanded to include additional means of influencing covered
officials;
– determining whether additional ethical conduct or disclosure standards need
to be enacted; and
– reporting findings to Congress.

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