Order Code RL33293
CRS Report for Congress
Received through the CRS Web
Lobbying and Related Reform Proposals:
Consideration of Selected Measures,
109th Congress
Updated March 23, 2006
R. Eric Petersen
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

---

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, 2006; 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.
Floor consideration of S. 2349 was begun in the Senate by unanimous consent
on March 6, 2006. During debate, Senator Trent Lott offered S.Amdt. 2907. The
amendment was a substitute for S. 2349 consisting of the text of S. 2349, as reported,
as Title I, and S. 2128, as reported, as Title II. SA 2907 was adopted by unanimous
consent, and was considered a part of the original text of the bill for any further
amendments. On March 8, 2006, five other amendments were offered during Senate
debate, including two unrelated to lobbying reform: S.Amdt. 2944, offered by
Senator Ron Wyden, would require that a Senator publicly disclose a notice of intent
to object to proceeding to any measure or matter; and S.Amdt. 2959, offered by
Senator Charles Schumer as a second degree amendment to S.Amdt. 2944, related
to foreign ownership of U.S. ports. A cloture motion on S. 2349 was presented on
March 8 by Senator Bill Frist. Cloture on the bill was not invoked by a vote of 51
- 47 on March 9. Further consideration of S. 2349, as amended, and the amendments
that were pending when cloture was voted on, remain pending in the Senate. It has
been reported that the Senate could take up consideration of S. 2349, as amended,
during the week of March 27.
This report provides a table comparing current law and congressional rules with
S. 2349, as amended by the Senate.
For further background and discussion of other lobbying-related proposals,
please consult the CRS Current Legislative Issues page on Lobbying, Ethics and
R e l a t e d P r o c e d u r a l R e f o r m a t [ h t t p : / / b e t a . c r s . g o v / c l i /
cli.aspx?PRDS_CLI_ITEM_ID=2405];
This report will be updated to reflect congressional action.

---

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Recent Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
S. 2349, Senate Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Previous Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
S. 2128, Committee Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
S. 2349, Committee Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
House Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Senate Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Further Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Congressional Ethics Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Congressional Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Campaign Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
List of Tables
Table 1. Current Law and Senate Rules, and S. 2349 as Amended by the
Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

---

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.1 This report describes action taken on the following three measures that
have received committee consideration and have been subsequently reported either
to the House or Senate:
! 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),2 as amended by the
Lobbying Disclosure Technical Amendments Act of 1998.3 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.
1 See CRS Report RL33065, Lobbying Reform: Background and Legislative Proposals,
109th Congress, by R. Eric Petersen, and CRS Report RL33234. Lobbying Disclosure and
Ethics Proposals Related to Lobbying Introduced in the 109th Congress: A Comparative
Analysis, by R. Eric Petersen.
2 P.L. 104-65, Lobbying Disclosure Act of 1995 (109 Stat. 691, 2 U.S.C. 1601).
3 P.L. 105-166, Lobbying Disclosure Technical Amendments Act of 1998 (112 Stat. 38, 2
U.S.C. 1601 note).

---

CRS-2
! 18 U.S.C. 207, which specifies limitations on lobbying activities by
former executive branch officials, Members of Congress, and
congressional staff.
! 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.
In the decade since enactment of LDA, concerns have been raised about the
capacity of Congress to oversee the activities of professional lobbyists through
existing institutional arrangements. The oversight of lobbying, and the transparency
intended by congressional rules, LDA, and other related laws may be impaired by the
actions of lobbyists and others who seek to participate in public policy activities
through the formation of coalitions and associations whose members may not be
identifiable, or the use of grassroots campaigns that attempt to mobilize citizens to
advance the message of a lobbyist’s client. Some lobbying activities have also been
linked to campaign finance practices, congressional procedures regarding the
acceptance of gifts from lobbyists, and the inclusion of earmarks advocated by
lobbyists in legislation.
In the 109th Congress, legislative proposals related to lobbying disclosure and
related ethics rules focus on external and internal participants in the public policy-
making process. External groups include lobbyists, their clients, entities that provide
services, such as mass mailing or phone banks, and affiliated political committees
that might have a peripheral role in lobbying activities through campaign finance
activities. Legislative approaches to address external groups include proposals to
amend lobbying disclosure, and in some cases campaign finance laws, to require
lobbyists to identify themselves, their clients, and activities on behalf of those clients
in a more comprehensive manner than currently required by LDA. Internal groups
include executive branch officials, Members of Congress and their staffs, and other
legislative branch officials who might interact with lobbyists in the course of their
official duties. Legislative proposals addressing internal groups include amendment
of House and Senate rules regarding interactions with lobbyists by Members and
congressional staff, as well as increased waiting periods on certain types of
employment these officials may undertake after they leave office or public service.
Recent Action
S. 2349, Senate Consideration. Floor consideration of S. 2349 was begun
in the Senate by unanimous consent on March 6, 2006. During debate, Senator Trent
Lott offered S.Amdt. 2907. The amendment was a substitute for S. 2349 consisting
of the text of S. 2349, as reported, as Title I, and S. 2128, as reported, as Title II. SA

---

CRS-3
2907 was adopted by unanimous consent and was considered a part of the original
text of the bill for any further amendments.
On March 8, 2006, five other amendments were offered during Senate debate,
including the following:
! S.Amdt. 2942, offered by Senator Christopher Dodd. The measure
struck language from S. 2349, an exception in the measure that
would have allowed lobbyists to provide meals and refreshments to
Members of Congress and their staff. S.Amdt. 2942 was adopted by
voice vote.
! S.Amdt. 2932, offered by Senator Harry Reid, would require
Members of Congress and senior congressional staff to disclose
employment negotiations; require review by the Office of
Government Ethics of employment negotiations by certain executive
branch officials; prohibit wrongfully influencing a private
employment entity’s employment decisions or practices by a
Member of Congress; ban Senators and Senate staff from accepting
gifts from lobbyists; prohibit Senators from accepting privately
funded travel from certain entities that are affiliated with any group
that lobbies Congress; prohibit Senators from accepting travel and
accommodations planned, organized, or funded by lobbyists; amend
LDA to require registrant to certify that they have not provided any
gift, including travel, to a Member or employee of Congress in
violation of Senate Rule XXXV; establish civil penalties for making
false certifications in connection with congressional travel; establish
criminal penalties for failing to comply with LDA; establish the
sense of the Senate regarding meetings of conference committees
and related procedures; and amend Senate rules to require Senate
conferees an opportunity to vote in an open meeting on the full text
of any conference report. S.Amdt. 2932 was not adopted by the
Senate by a vote of 44-55.
! S.Amdt. 2934, offered by Senator James Inhofe. Unrelated to
lobbying issues, the amendment would deny a cost of living increase
to any Member of Congress who voted against such increases. The
amendment was adopted by a voice vote
! S.Amdt. 2944, offered by Senator Ron Wyden. Unrelated to
lobbying issues, the amendment would establish as a standing order
of the Senate a requirement that a Senator publicly disclose a notice
of intent to object to proceeding to any measure or matter.
! S.Amdt. 2959 was offered by Senator Charles Schumer as a second
degree amendment to S.Amdt. 2944. Unrelated to lobbying, the
amendment would prohibit any foreign government that recognized
the Taliban as the legitimate government of Afghanistan between
1996-2001 from owning, leasing, operating, or managing real

---

CRS-4
property or facility at a United States port through a company it
owns or controls.
A cloture motion on S. 2349 was presented on March 8 by Senator Bill Frist.
Cloture on the bill was not invoked by a vote of 51 - 47 on March 9. Further
consideration of S. 2349, as amended, and the amendments that were pending when
cloture was voted on, remain pending in the Senate. It has been reported that the
Senate could take up consideration of S. 2349, as amended, during the week of
March 27.4
Table 1 provides a comparison of current law and congressional rules and S.
2349, as amended by the Senate.
Previous Activity
S. 2128, Committee Consideration. 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.
Three amendments were offered and withdrawn after brief debate:
4 Kenneth P. Doyle, “As House Bill Introduced, Frist Says Senate Will Return to Reform
Debate,” BNA Money and Politics Report, Mar. 20, 2006, at [http://pubs.bna.com/ip/
bna/mpr.nsf/eh/A0B2N2F8Z2]; and Tory Newmyer, “Ethics Bill Set for Brief Return Next
Monday,” Roll Call, Mar. 20, 2006, at [http://www.rollcall.com/issues/51_99/news/
12614-1.html].

---

CRS-5
! an amendment to create a database for foreign lobbyists registered
under the Foreign Agents Registration Act of 1938, as amended,5
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, Committee Consideration. 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 employee6 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
did not accept funds from a registered lobbyist or foreign agent
5 22 U.S.C. 612.
6 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.

---

CRS-6
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 member7 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.
7 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.

---

CRS-7
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.8
House Action. On January 31,2006, Representative David Dreier, Chairman
of the Committee on Rules introduced H.Res. 648. On February 1, the House
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.
8 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].

---

CRS-8
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 the following:
! 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
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.

---

CRS-9
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.9
9 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.

---

CRS-10
Table 1. Current Law and Senate Rules, and S. 2349 as Amended by the Senate
Issue
Current Provisions
S. 2349, as amended by Senate
Definition of Client: Coalitions
LDA, 2 U.S.C. 1602 (2). A “client” is defined as
Section 217
any person or entity that employs and
Would further define a client as any person or entity that participates in a
compensates another person to conduct lobbying
substantial way in planning, supervision or control of lobbying activities.
activities on their behalf. Under LDA, groups that Would not require disclosure if a connection between the person or entity
carry out lobbying activities on their own behalf
and the client is public knowledge, unless the person or entity plans,
must also register with the Clerk and the
supervises or controls lobbying activities.
Secretary.
Grassroots Lobbying
No provisions.
Section 220
Would require reporting of certain paid efforts to stimulate grassroots
lobbying that are done on behalf of clients. Further defines “lobbying
activities” to “include paid efforts to stimulate grassroots lobbying but that
do not include grassroots lobbying.” Defines “paid efforts to stimulate
grassroots lobbying” as “any paid attempt in support of lobbying contacts
on behalf of a client to influence the general public or segments thereof to
contact one or more covered official to urge those officials (or Congress) to
take specific action....” Grassroots lobbying firms would be any person or
entity “retained by one or more clients in paid efforts to stimulate
grassroots lobbying on behalf of such clients.” Requires registration by
grassroots lobbying firms not later than 45 days after it is retained by a
client. Requires separate itemization by registered lobbyists and registered
grassroots lobbying firms of paid efforts to stimulate grassroots lobbying
from the total amount of income received for lobbying. Estimates for paid
efforts to stimulate grassroots lobbying may be disclosed in increments of
less than $10,000, less than $25,000, and increments above $25,000,
rounded to the nearest $20,000.
Disclosure Periods
LDA, 2 U.S.C. 1604. Requires registrants to file
Section 211
LDA disclosure reports semiannually.
Would require quarterly disclosure.

---

CRS-11
Issue
Current Provisions
S. 2349, as amended by Senate
Electronic Filing of Lobbying Registration and Not required under LDA; voluntary for filing with Section 219
Disclosure Reports
the Secretary of the Senate; and mandatory after
Would require electronic filing.
January 1, 2006 for filing with the Clerk of the
House.
Reporting Thresholds
LDA, 2 U.S.C. 1603 (a)(3)(A)(i) and (ii). If the
Section 211
total income for matters related to lobbying
Would reduce thresholds to $2,500 and $10,000, respectively.
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 Expenses
LDA, 2 U.S.C. 1604 (c). A good faith estimate,
Section 211
by broad category, of the total amount of
Would reduce estimated expense increments for non-grassroots lobbying to
lobbying-related income from the client, or
less than $5,000 and $10,000. Grassroots lobbyists would be subject to
expenditures by an organization lobbying in its
disclosure ranges of less than $10,000, less than $25,000, and increments
own behalf, during the semiannual period.
above $25,000, rounded to the nearest $20,000.
Expenditures may be estimated at less than
$10,000 or in increments of $20,000.
Linking Lobbying Disclosure Information with Not required.
Section 213
Federal Election Commission Reports
Would require establishment and maintenance of lobbying disclosure
information in an electronic data base which 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 or Legislative
LDA 2 U.S.C. 1603. Registrants must disclose
Section 214
Branch Employment
whether they have served as a covered legislative
Would require disclosure by registered lobbyists of all past executive
branch or executive branch official in the two
branch and congressional employment.
years preceding their registration.

---

CRS-12
Issue
Current Provisions
S. 2349, as amended by Senate
Disclosure and Separate Itemization of
No provisions.
Section 220
Grassroots Lobbying Expenses
Would require good faith estimates of the proportion of the total amount
spent on grassroots lobbying activities, and within that amount, the total
amount specifically relating to grassroots lobbying through paid
advertising.
Disclosure of Lobbyist Contributions and
No provisions in LDA. General FECA
Section 212
Payments — Campaigns
Requirements in 2 U.S.C. 431-434.
Would require registrants and lobbyists to file a report disclosing their
name, employer, 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.
Disclosure of Lobbyist Contributions and
No provisions.
Section 215
Payments — Travel
Would require disclosure within 30 days of travel the name of each covered
official for 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.
Private Aircraft
Senate Rule XXXVIII, House Rule XXIV
Section 107(b). Amends Senate rules to require reporting to the Secretary
Travel on private, corporate aircraft generally
of the Senate travel by Senators and staff on private, noncommercial
must be reimbursed.
corporate jets. Disclosure would include date, destination, owner or lessee
of aircraft, purpose of and persons on trip.

---

CRS-13
Issue
Current Provisions
S. 2349, as amended by Senate
Disclosure of Lobbyist Contributions and
No provisions.
Section 215
Payments — Honors
Would require disclosure of the date, recipient, and amount of funds
contributed or 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.
Gifts or Travel Provision by Registered
No LDA provisions
Section 251
Lobbyists.
Would prohibit a registered lobbyist from making a gift or providing travel
to any Member of Congress or their staff.
Penalties for Noncompliance
LDA 2 U.S.C. 1606. Civil penalty, up to $50,000 Section 216
Civil penalty, up to $100,000

---

CRS-14
Issue
Current Provisions
S. 2349, as amended by Senate
Disclosure of Enforcement for Non
No provisions.
Section 218
Compliance
Would require the Clerk and the Secretary to 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 executive
Section 241
personnel, former Members of Congress and some Former senior executive personnel, former Members of Congress, senior
noncongressional legislative branch personnel are congressional staff and legislative branch personnel would be prevented
prevented from lobbying the entity in which they
from lobbying the entity in which they previously served for two years.
previously served for one year. Senate Rule
Would amend Senate rules to prohibit for one year any former Senate
XXXVII. Senators are barred from lobbying any
employee who served on the staff of a Senator or of a committee and
Senate component for one year after they leave
whose rate of pay was equal to or greater than 75% of the rate of pay of a
office. Senior Senate personnel are prevented
Senator for more than 60 days in a calendar year, and who subsequently
from lobbying the office or committee in which
becomes a registered lobbyist or lobbyist employee for the purpose of
they previously served for one year.
influencing legislation, from lobbying any Senator, officer, or employee of
the Senate.
Oversight and Auditing of Lobbying
No specific provisions.
Section 231
Disclosures
Would require the Comptroller General to audit annually registrations and
reports filed under LDA to determine the extent of compliance by lobbyists
and their clients and report annually to Congress by April 1.

---

CRS-15
Issue
Current Provisions
S. 2349, as amended by Senate
Privately Sponsored Travel
House Rule XXV, Senate Rule XXXV.
Section 107a
Lobbyists are prohibited from paying for travel for Requires certification to and approval from the Senate Select Committee on
Members and staff, but may arrange travel and
Ethics prior to Senators, officers, or employees accepting travel and
have their clients pay for it with certain
transportation expenses or reimbursements from a private,
restrictions. Firms and other entities may pay
nongovernmental source for any officially connected travel. The sponsor
travel expenses for Members. Privately owned
of any such trip would be required to certify that the funds did not come
aircraft may be used for travel. The cost of that
from lobbyists. When travel is concluded Senators and staff would be
travel is valued at the same rate as first-class
required to filed a detailed report.
airfare, which may be different than charter rates
or actual cost. Members and staff must disclose
the sponsor and costs of privately funded travel.
Gifts
House Rule XXV, Senate Rule XXXV.
Section 106
Would amend Senate rules to prohibit Senators 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 Rule XXIII provide
Section 105
floor privileges to former Members of the
Would amend Senate rules to revoke floor privileges from any former
respective chambers.
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.
Disclosure of Employment Negotiations
No provisions.
Section 109. Amends Senate Rule on conflicts of interest to prohibit
Members of the Senate from arranging or negotiating private employment
until the Member’s successor is elected, unless the Member discloses to the
Secretary of the Senate for public release details of such private
employment negotiations or arrangements.

---

CRS-16
Issue
Current Provisions
S. 2349, as amended by Senate
Ethics Training
No provisions requiring training. Training is
Section 232
provided by the ethics committee of each
Would require the Senate Select Committee on Ethics to conduct ongoing
chamber.
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 Annual Reports
No provisions.
Section 234
Would require the ethics panel in each chamber to issue an annual report by
January 31 listing the number of allegations received, and their disposition.
Commission to Strengthen Confidence in
No provisions.
Section 261
Congress
Would establish a Commission to Strengthen 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-17
Issue
Current Provisions
S. 2349, as amended by Senate
Out of Scope Matters in Conference Reports
No provisions.
Section 102
Would 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 the ruling of the Chair on a
point of order raised under this measure by a three fifths vote.
Earmark Reform
No provisions.
Section 103
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.
Conference Reports on the Internet
No provisions.
Section 104
Would amend Senate Rules to require that conference reports be available
to Senators and the public on the Internet 24 hours before consideration.
Official Contact with Family Members Who
No provisions.
Section 110
Lobby
Would require a Senator whose spouse or 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.

---

CRS-18
Issue
Current Provisions
S. 2349, as amended by Senate
Influencing Hiring Decisions
No provisions.
Section 111
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.
Section 112
Would establish the sense of the Senate that any restrictions on legislative
branch employees should apply to the executive and judicial branches.
Congressional Pay Adjustments
2 U.S.C. 31. An automatic annual pay
S.Amdt. 2934 to S. 2349
adjustment, generally based on a component of the Would deny a cost of living increase to any Member of Congress who
Employment Cost Index, is provided to Members
voted against such increases
of Congress, unless Congress prohibits or revises
the increase by statute

---

CRS-19
Further Resources
Lobbying
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 RL33326, Lobbying, Ethics and Related Procedural Reforms:
Comparison of Current Provisions of S. 2349 and H.R. 4975, by Jack
Maskell, R. Eric Petersen and Sandy Streeter.
CRS Report RL33065, Lobbying 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 RS22226, Summary and Analysis of Provisions of H.R. 2412, the
Special Interest Lobbying and Ethics Accountability Act of 2005, by Jack
Maskell.
CRS Report RS22209, Executive Lobbying: Statutory Controls, by Louis Fisher.
CRS Report 96-809, Lobbying Regulations on Non-Profit Organizations, by Jack
H. Maskell.
CRS Report RS20725, Lobbyists and Interest Groups: Sources of Information, by
Mari-Jana “M-J” Oboroceanu.
Congressional Ethics Rules
CRS Report RL33237, Congressional Gifts and Travel: Proposals in the 109th
Congress, by Mildred Amer.
CRS Report RL33047, Restrictions on the Acceptance of “Officially Connected”
Travel Expenses From Private Sources Under House and Senate Ethics
Rules, by Jack Maskell.
CRS Report 97-875, “Revolving Door,” Post-Employment Laws for Federal
Personnel, by Jack Maskell.
CRS Report RS22231, The Acceptance of Gifts of Free Meals by Members of
Congress, by Jack Maskell.
CRS Report RL31126, Lobbying Congress: An Overview of Legal Provisions and
Congressional Ethics Rules, by Jack Maskell.

---

CRS-20
Congressional Procedures
CRS Report RL33295, Comparison of Selected Senate Earmark Reform
Proposals, by Sandy Streeter.
Campaign Finance
Campaign Finance and Regulation of 527 Organizations, at
[http://beta.crs.gov/cli/cli.aspx?PRDS_CLI_ITEM_ID=529]
CRS Report RL32954, 527 Political Organizations: Legislation in the 109th
Congress, by Joseph E. Cantor and Erika Lunder.

---