Order Code RL33326
CRS Report for Congress
Received through the CRS Web
Lobbying, Ethics and Related Procedural
Reforms: Comparison of Current Provisions of
S. 2349 and H.R. 4975
March 23, 2006
Jack Maskell
Legislative Attorney
American Law Division
R. Eric Petersen
Analyst in American National Government
Government and Finance Division
Sandy Streeter
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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Lobbying, Ethics and Related Procedural Reforms:
Comparison of Current Provisions of S. 2349 and
H.R. 4975
Summary
This report provides a table to summarize and provide a side-by-side
comparison of the provisions concerning lobbying, ethics, and related congressional
procedural reforms that are currently being considered in S. 2349 and H.R. 4975,
109th Congress. The table will be updated and amended regularly to reflect
amendments and changes in the legislation discussed.
Primarily responsible for the coverage of the provisions concerning
congressional ethics is Jack Maskell, Legislative Attorney, American Law Division;
lobbying reform is Eric Petersen, Analyst in American National Government,
Government and Finance Division; and congressional procedural reform is Sandy
Streeter, Analyst in American National Government, Government and Finance
Division. Assistance with the provision concerning congressional pay raises was
provided by Ida Brudnick, Analyst in American National Government, Government
and Finance Division, and with the campaign finance provisions relating to “527s”
by Paige Whitaker, Legislative Attorney, American Law Division, and Joe Cantor,
Specialist in American National Government, Government and Finance Division.
At the conclusion of the side-by-side comparison is a list of CRS Reports that
provide further discussion and more detailed analysis of many of the issues that are
addressed in the legislation and summarized in the preceding charts.

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Contents
Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975 . . . . . . . . . 2
Further Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Congressional Ethics Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Congressional Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Campaign Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

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Lobbying, Ethics and Related Procedural
Reforms: Comparison of Current Provisions
of S. 2349 and H.R. 4975
The following table provides a side-by-side summary and comparison of the
provisions of S. 2349, as amended on March 8, 2006, and H.R. 4975, as introduced
on March 16, 2006, 109th Congress.

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CRS-2
Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
CONGRESSIONAL
ETHICS REFORMS
Gifts — de minimis
Senate Rule XXXV, House Rule XXV,
Section 106. For Senators and staff,
Section 302. Instructs the House
exception
cl. 5, prohibit receipt of gifts by Members
prohibits even de minimis gifts, that is, those
Committee on Standards of Official
and staff from most sources, but exempt a
under $50 (including meals), from a
Conduct to recommend, by December
gift of under $50 in value (if aggregate
registered lobbyist or agent of a foreign
15, 2006, any changes in “current
gifts in one year from same source do not
principal. (Note: refreshments of “nominal
dollar limitations” under House gift
exceed $100).
value,” when offered “other than as part of a
rules.
meal,” would appear to still be permitted
under exception at Senate Rule XXXV, cl.
1(c)(22)).
Gifts — valuation
No specific valuation provision in current
No provision.
Section 304. Requires valuation (for
House or Senate Rules.
purposes of the under-$50-de minimis
exception) of unpriced tickets and
passes to sporting/entertainment events
at the highest price of a ticket to event
with a face value.

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CRS-3
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Gifts — Travel: private
House Rule XXV, cl. 5(f), Senate Rule
Section 107(a). Requires certification to and
Section 301. Suspends permission to
sources paying for
XXXV, cl. 2(d), now allow acceptance of
approval from the Senate Select Committee
accept any privately financed travel in
“officially connected”
“officially connected,” “necessary” and
on Ethics prior to Senators, officers, or
connection with official duties by
travel
“reasonable” travel expenses from some
employees accepting travel and
Members, officers and employees of
private sources (not lobbyists or foreign
transportation expenses or reimbursements
the House. Section 302 instructs
agents) for a limited amount of time
from a private source (not a governmental
House Committee on Standards to
when purpose of trip is sufficiently
entity) for any “officially connected” travel.
recommend Rule changes concerning
connected to official duties, if such travel
Sponsor of trip must certify in writing as to
the acceptance of privately funded,
and expenses are disclosed within 30
source of funds. Detailed itinerary, and
“officially connected” travel by
days of trip. “Necessary expenses”
reporting required.
December 15, 2006.
currently excludes expenses for personal
entertainment or recreational activities.
Travel on private,
Travel on private, corporate aircraft
Section 107(b). Amends Senate Rules to
Section 303. Amends Lobbying
“corporate aircraft”
generally must be reimbursed so that such
require reporting of travel by Senators and
Disclosure Act of 1995 [LDA] to
travel for official purposes will not be a
staff on private corporate jets (aircraft not
prohibit lobbyist or lobbying firm from
contribution to an “unofficial office
licensed by the FAA for commercial air
being on flight with House Member or
account” (Senate Rule XXXVIII, House
travel), — detailing to Secretary of Senate
staff on a private aircraft (aircraft not
Rule XXIV), or, if for personal reasons, a
date, destination, owner or lessee of aircraft,
licensed by the FAA for commercial
personal “gift” to Member, officer or
purpose of and persons on trip. Does not
air travel) if aircraft is owned or
employee. No specific provision on
prohibit, nor establish “market value” of such
operated by a client of the lobbyist of a
“market value,” rate of reimbursement,
travel for purposes of reimbursement.
lobbying firm. Does not prohibit such
required for such flights under House or
Requires similar reporting to the F.E.C. for
travel on private jets generally, nor
Senate Rules (but see F.E.C. regs. for
candidate travel for campaign purposes.
establish rules for the “market value”
reimbursement of campaign-related
of travel for purposes of
travel).
reimbursement.

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CRS-4
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
“Revolving door,” post-
18 U.S.C. § 207(d) prohibits, for one year
Section 241. Increases from 1 to 2 years
No further post-employment lobbying,
employment conflicts
after leaving office, “very senior”
current post-employment “cooling off”
“revolving door,” prohibitions.
of interest
executive branch officials from lobbying
period for very senior executive branch
Section 201 requires the Clerk of the
— making communications or
personnel (Vice President, cabinet members,
House to notify departing Members
appearances with intent to influence —
and certain presidential and vice presidential
and staff of the current restrictions on
certain officials on the Executive
assistants), and for Members of Congress
post-employment lobbying.
Schedule within the entire executive
lobbying certain personnel in former branch
branch, and all employees within one’s
of Government. Also increases scope of
former agency.
current 1-year “cooling off” period for senior
18 U.S.C. § 207(e) prohibits, for one year
Hill staff by restricting for 1 year post-
after leaving office, Members and certain
employment lobbying of any Member,
senior staff from lobbying — making
office, or employee of the entire House of
communications or appearances with
Congress in which the staffer had worked
intent to influence — either House of
(and not merely one’s former employing
Congress (for former Members), or their
office or Member).
former employing office (for senior
Section 108. Amends current Senate Rules
staff).
by prohibiting “senior” Senate staff
Senate Rules (Rule XXXVII(9)) prohibit
(compensated at a rate of more than 75% of a
all Senate employees who become
Member’s salary, and employed more than
lobbyists from lobbying their former
60 days) who become registered lobbyists
office for one year.
from lobbying, for one year after leaving
office, any Member, officer or employee of
Senate.

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CRS-5
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
“Revolving door,” post-
No current provisions for legislative
Section 109. Amends Senate Rule on
Section 202. Amends House Rules to
employment conflicts
branch
conflicts of interest to prohibit Members of
require Members to file with Comm.
of interest —
the Senate from arranging or negotiating
on Standards a statement that they are
employment
private employment until the Member’s
negotiating compensation for
negotiations
successor is elected, unless the Member
prospective employment or have any
discloses to the Secretary of the Senate for
arrangement for prospective
public release details of such private
employment, if there would exist a
employment negotiations or arrangements.
conflict or appearance of a conflict of
interest. Statement must be made
within 5 days of negotiations, and
Member should refrain from voting on
pending measures in House or in
committee concerning such conflicts.
Influencing private
No specific provisions in current law.
Section 111. Amends the Senate Code of
Section 203. Amends the House Code
employment decisions
Conduct to prohibit Members from
of Official Conduct to prohibit
attempting to influence, on the basis of
Members from attempting to influence,
partisan political affiliation, the hiring or
on the basis of partisan political
employment decisions of a private entity by
affiliation, the hiring or employment
promising or threatening to take or withhold
decisions of a private entity by
official action by the Member or another.
promising or threatening to take or
withhold official action by the Member
or another.

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CRS-6
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Staff contacts with
No current provisions in law or Rule.
Section 110. Amends Senate Rules to
No provision.
Member’s family who
require that a Member prohibit his or her
lobby
staff from having “official contact” with any
of the Member’s “immediate family” who
are registered lobbyists or are retained by
registered lobbyists to influence legislation.
Congressional pensions
Members of Congress, like all federal
No provisions.
Section 701. Members would
employees, lose their federal pensions
generally lose credit towards their
(annuities) for violations of various
federal pensions for all service as a
national security offenses, under so-
Member of Congress if they are
called “Hiss Act.” 5 U.S.C. §§ 8311,
convicted of bribery, acting as an agent
8312.
of a foreign principal, or conspiracy to
commit such offenses or to defraud
U.S., when such conduct related to
their official duties as a Member.
Allows for certain flexibility in OPM
for particular hardships for innocent
spouse and dependent children

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CRS-7
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Ethics training
No specific provision in Rules.
Section 232. Senate Ethics Comm. must
Section 502. Requires H. Comm. on
conduct ethics training for Senate personnel,
Standards of Official Conduct to
new Senators and staff to complete training
provide ethics training once per
no later than 60 days after beginning service
Congress for every Member and
and existing staff to complete program no
employee. New employees shall
later than 120 days after enactment.
receive training not later than 30 days
after employment. Does not make
ethics training mandatory for
Members.
Publication of Ethics
No specific provision in Rules. Senate
No provision.
Section 503. Requires H. Comm. on
Manual
Ethics Manual last published in 108th
Standards of Official Conduct to
Congress.
publish an updated Ethics Manual
within 120 days of enactment of this
provision, and to update Manual every
Congress thereafter.
Ethics Committees’
No specific provision in Rules.
Section 234. Requires annual reports from
No provision.
reports
Senate Select Comm. on Ethics and the H.
Comm. on Standards of Official Conduct on
numbers and disposition of all complaints of
alleged violations of rules.

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CRS-8
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
LOBBYING
DISCLOSURE
REFORM
Timing of reports from
2 U.S.C. §§ 1602, 1603, 1604
Section 211. Requires quarterly, rather than
Section 101. Requires quarterly, rather
lobbyists.
1605. Lobbying Disclosure Act of 1995
semi-annual, filing by lobbyists, and adjusts
than semi-annual, filing by lobbyists,
[LDA] requires and implements semi-
the threshold and triggering amounts in the
and adjusts the threshold and
annual reporting by covered “lobbyists.”
Lobbying Disclosure Act of 1995 [LDA] to
triggering amounts in the LDA to
reflect the new quarterly periods.
reflect the new quarterly periods.
Reporting thresholds
2 U.S.C. § 1604. If income for matters
Section 211. Would reduce thresholds to
Section 101. Would reduce thresholds
related to lobbying activities on behalf of
$2,500 and $10,000, respectively, to reflect
to $2,500 and $10,000, respectively.
a client represented by a lobbying firm
quarterly reporting.
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 expenses
2 U.S.C. § 1604. Requires a “good faith
Section 211. Would reduce estimated
Section 101. Would reduce estimated
estimate” of the total amount of
expense increments for non-grassroots
expense increments for lobbying to
lobbying-related income from the client,
lobbying to less than $5,000 and $10,000.
less than $5,000 and $10,000.
or expenditures by an organization
Grassroots lobbyists would be subject to
lobbying in its own behalf, during the
disclosure ranges of less than $10,000, less
semiannual period. Expenditures may be
than $25,000, and increments above $25,000,
estimated at less than $10,000 or in
rounded to the nearest $20,000.
increments of $20,000.

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CRS-9
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Electronic filing
2 U.S.C. § 1604. Requires registered
Section 219. Requires electronic filing by
Section 102. Requires LDA
lobbyists to “file a report” with Clerk of
lobbyists in addition to any written, paper
registrations and reports to be filed in
House and Secretary of Senate.
reports filed.
electronic form in addition to any other
form that may be required by the Clerk
Pursuant to a directive issued by the
or the Secretary.
chairman of the Committee on House
Administration, the Clerk only accepts
electronic filing of LDA materials after
Jan. 1, 2006 (Bob Ney, chairman,
Committee on House Administration,
“Electronic Filing of Disclosure
Reports,” dear colleague letter, June 29,
2005.)
2 U.S.C. § 1605. Instructs Clerk of
Section 213. Requires repositories of
Section 103. Requires creation and
House and Secretary of Senate to be
lobbying disclosure reports to create a
maintenance by the Clerk and the
repositories and to allow public
searchable, sortable, and downloadable
Secretary of a searchable, sortable, and
inspection of lobby disclosures and
database of lobbyist reports and registrations,
downloadable database containing
filings.
linked to campaign reports filed with the
LDA registration and disclosure
F.E.C., available to the public within 48
information, made available through
hours of filing.
the Internet.

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CRS-10
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Lobbyists’ past
2 U.S.C. § 1603(b)(6). Details required
Section 214. Requires lobbyists also to
Section 104. Requires lobbyists also
Government
contents of lobbyist registration
disclose all prior executive and legislative
to disclose all prior executive and
employment
statements including identity information,
branch employment in registration
legislative branch employment in
clients, entities contributing $10,000 or
statements.
registration statements for seven years
more to lobbying activities, identity of
prior to registration.
certain foreign entities involved, general
issue areas of interest, names of
employees of registrant who will lobby.
“Coalition” lobbying:
2 U.S.C. § 1602. In definitions section,
Section 217. Requires lobbyist-registrant to
No provision.
disclosures
LDA provides that a “coalition” is
list, besides “coalition” as “client,” any other
generally to be considered the “client” of
organization contributing more than $10,000
a lobbyist, and not the individual
to lobbying activities of lobbyist in reporting
organizations that are members of the
period and who “participates in a substantial
coalition.
way in the planning supervision or control of
such lobbying activities.” Exempts
organizations for which the affiliation or
funding of coalition is “publicly available
knowledge,” unless organization plans,
supervises, or controls the lobbying
activities. Provides that individuals who are
members of an organization do not need to
be disclosed under these provisions.

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CRS-11
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Gifts from lobbyists —
House and Senate Rules regulate
Section 251. Would amend LDA to
No provision.
prohibition
Members and staff accepting gifts from
expressly prohibit a lobbyist from making a
lobbyists, but Rules do not extend to
gift or providing travel to a Member, officer
lobbyists who are outside of purview of
or employee of Congress unless such gift is
ethics committees. Lobbyists, and all
permitted under the provisions of the
others, prohibited from offering “bribes”
applicable Rules of the House of
and “illegal gratuities” to Members and
Representatives or of the Senate.
staff. 18 U.S.C. § 201.

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CRS-12
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Gifts, donations from
No specific reporting provision.
Section 215. Lobbyists must disclose
Section 105. Requires lobbyists to
lobbyists — reporting
payments for travel “in connection with the
disclose any gifts that count toward the
duties” of a covered official “provided, or
annual gift limit established by House
directed or arranged” for covered legislative
rules.
branch or executive branch official.
Lobbyists must also provide details on any
funds “contributed or disbursed by, or
arranged by” a registrant or employee
lobbyist to pay costs of event honoring
covered official; donated on behalf of an
entity named for an official or to an entity in
recognition of an official, or to an entity
“established, financed, maintained, or
controlled by” a covered legislative or
executive branch official; or to pay the costs
of a meeting, retreat or conference for the
benefit of a covered official, other than
campaign related items covered by the
Federal Election Campaign Act.

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CRS-13
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Contributions from
No specific gift or contribution reporting
Section 212. Requires registered lobbyists to
Section 105a. Requires each LDA
lobbyists — reporting
requirement of lobbyists. General FEC
report annually identifying any Federal
registrant and lobbyist, and any
reporting requirements by recipients of
candidate, officeholder, leadership PAC, or
“affiliated” political committee
contributions, at 2 U.S.C. §§ 431 - 434.
political party committee to whom a
defined in FECA to disclose any
contribution of over $200 was made, or for
contributions made to federal
whom a fund-raiser was hosted, co-hosted or
candidates, officeholders, leadership
sponsored.
PACs, political party committees or
other entity that would be subject to
disclosure under FECA. Lobbyists
would also be required to disclose any
gifts that count toward the annual gift
limit established by House rules.
No specific definition of “affiliated”
committee in current legislative
proposals concerning their interactions
with entities that secure lobbying
services that must be disclosed under
LDA.

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CRS-14
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
“Grassroots” lobbying
2 U.S.C. § 1602; 2 U.S.C. § 1604.
Section 220. Would require reporting of
No new provision.
disclosure
Current law requires only reporting of
certain paid efforts to stimulate grassroots
expenses and information on direct
lobbying that are done on behalf of clients.
“lobbying contacts,” and certain other
Further defines “lobbying activities” to
“lobbying activities” in support of such
“include paid efforts to stimulate grassroots
direct contacts, but does not separately
lobbying but that do not include grassroots
require reporting of “grassroots” lobbying
lobbying.” Defines “paid efforts to stimulate
expenditures.
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

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CRS-15
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Increased penalties for
2 U.S.C. § 1606. Fine for violations of
Section 216. Raises penalties for knowingly
Section 106. Raises penalties for
Lobby Disclosure Act
LDA is up to $50,000.
failing to file or other violations of the
knowingly failing to file or other
violations
Lobbying Disclosure Act of 1995 from
violations of the Lobbying Disclosure
$50,000 fine to $100,000.
Act of 1995 from $50,000 fine to
$100,000.
Oversight,
No current explicit provision of law or
Section 218. Requires semi-annual reports
No provision.
Administration of
Rule. The Committee on House
from the administrators of the LDA
Lobbying Disclosure
Administration and the Senate Committee
concerning the aggregate number of non-
on Rules and Administration have
compliance referrals made to the Department
jurisdiction over the Clerk of the House
of Justice, and requires a semi-annual report
and the Secretary of the Senate,
from the United States Attorney for the
respectively, and may have some
District of Columbia concerning enforcement
oversight authority of LDA provisions the
actions taken by that office on such referrals.
Clerk and the Secretary must implement.
Audits of Lobbying
No current provision of law or Rule.
Section 231. Requires Comptroller General
Sections 401, 402. Requires the
Reports
to audit lobbying reports annually to
Inspector General of the House to audit
determine extent of compliance with law.,
LDA disclosure information, and to
and to report not later than April 1 annually
refer potential violations of the Act to
to Congress assessment of compliance and
the Department of Justice. The
any recommendations to improve compliance
measure provides for ongoing reviews
and oversight.
and annual reports by the inspector
general on activities carried out by the
Clerk of the House under LDA. 401,
402

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CRS-16
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Self regulation of
No current provision of law or Rule.
Section 233. Expresses the sense of the
No provision.
lobbying
Senate that the “lobbying community”
should create standards for lobbyists, require
training programs for such persons, develop
educational materials, standardize a
suggested fee structure, and have third-party
certification program which includes ethics
training for lobbyists.

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CRS-17
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
CONGRESSIONAL
OPERATIONS AND
PROCEDURES
Conference Reports —
Senate Rule XXVIII prohibits members
Section 102 provides a freestanding
No new provision.
out of scope matters
of a conference committee (conferees)
provision that does not explicitly or directly
from including matter not provided in the
amend any Senate rule. This section would
House- or Senate-passed versions of bill
prohibit consideration on the Senate floor of
(new matter) in a conference report. In
any conference report that includes matter
cases in which conferees are negotiating
that was not provided in the House- or
over a bill and a complete substitute
Senate-passed versions of the bill. If a point
amendment, conferees may include in
of order under this provision was sustained,
conference report a new substitute on the
the new matter would be stricken and the
same subject. While conferees may not
Senate would consider whether to send an
include new matter, they may include
amendment containing the remaining
matter which is a germane modification
provisions in the conference report to the
of provisions in either bill or original
House. More than one point of order could
substitute amendment. If a point of order
be raised, and the Senate would consider the
that conference report violates this rule is
amendment after all points of order have
sustained, conference report falls or is
been disposed of. This question would be
recommitted to conference committee.
debatable. No further amendments would be
Chair’s ruling may be appealed,
allowed. A 3/5 vote of all Senators would be
sustaining Chair’s ruling requires
required to waive or suspend section 102 or
majority vote, w/quorum present.
override an appeal of the Chair’s ruling.

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CRS-18
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Conference Reports —
Senate Standing Rule XXVIII allows a
Section 104 amends the Standing Rules of
No new provision.
layover requirements
motion to proceed to consider a
the Senate (XXVIII) to prohibit
conference report at any time if copies of
consideration of a conference report, unless
the conference report are available to
report is available to all Senators and
each Senator.
available on Internet for at least 24 hours
before its consideration. The effective date
of this section is 60 days after enactment.
Not later than this date, the Secretary of the
Senate would be required to develop and
establish a website capable of meeting the
above requirement, after consulting with
Enrolling Clerks of the Senate and House of
Representatives, the Government Printing
Office, and the Senate Committee on Rules
and Administration.

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CRS-19
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Earmarks
In current practice, earmarks may be
Section 103 adds a new Senate Standing
Section 501 would require disclosure
included in measures, committee reports,
Rule, Rule XLIV, which would require
of certain earmarks. It would prohibit
conference reports, joint explanatory
disclosure of certain earmarks and a 24-hour
consideration of a general
statements, and committee lists. A single
layover requirement. It would prohibit
appropriations bill reported by the
list by bill is frequently not available,
consideration of any Senate bill, Senate
House Committee on Appropriations
instead earmarks may be organized in a
amendment, or conference report to any bills
unless the committee report included
document by agency, subject, or program.
(including appropriations, authorization, and
(1) a list of earmarks provided in the
The documents generally do not include
revenue bills) unless certain earmark
reported bill or in the committee report
information identifying the earmark
information was available to all Senators,
and (2) identification of any
sponsor(s).
and available on the Internet for at least 24
Representative submitting a request for
Senate: The Senate typically brings up a
hours, before its consideration. The required
an earmark on the list. Section 501
measure by unanimous consent or on a
earmark information is: (1) a list of all
also would prohibit consideration of a
motion to proceed, requiring a majority
earmarks in the measure, (2) identification of
conference report for a general
vote. If a motion is used, a point of order
the Senator(s) that proposed the earmark, and
appropriations bill unless the joint
against its consideration could be raised.
(3) an explanation of the essential
explanatory statement contained a list
The chair would rule on the point of
governmental purpose of the earmark. This
of earmarks (and any Representative
order, although the ruling would be
section defines earmark as a provision that
requesting such earmark) that
subject to appeal.
specifies the identity of a non-federal entity
originated at the conference stage. The
House: Before the House considers a
to receive a specific amount of assistance (in
provision regarding conference reports
general appropriations measure,a or
the form of budget authority, contract
would not be subject to a waiver. If a
conference report to such a bill, it
authority, loan authority, other expenditures,
point of order was raised under section
typically adopts a blanket waiver of any
tax expenditure, or other revenue items). If a
501, the chair would not rule. Instead,
rules that might prohibit consideration of
point of order is raised under this provision,
the House would consider the question
the measure or conference report. If a
the chair would rule on it, although the ruling
of consideration, which would be
waiver is not adopted and a point of order
would be subject to appeal.
debatable for 20 minutes. This section
is raised, the Presiding Officer rules on
defines earmark as a provision in a
the point of order. If the point of order is
measure (committee report, conference

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CRS-20
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Votes and
2 U.S.C. 31 provides for an automatic
Provides that any adjustment under 2 U.S.C.
No new provision.
congressional pay raises annual adjustment of pay for Members of
31 shall not be paid to any Member of
Congress that is determined by a formula
Congress who voted for any amendment (or
using a component of the Employment
against the tabling of any amendment) that
Cost Index, which measures rate of
provided that such adjustment would not be
change in private sector pay. The
made. Directs any amount not paid under
adjustment for Members automatically
this provision be transmitted to the Treasury
takes effect unless (1) Congress
for deposit in the appropriations account
statutorily prohibits the adjustment; (2)
under the subheading “Medical Services”
Congress statutorily revises the
under the heading “Veterans Health
adjustment; or (3) the annual base pay
Administration”.
adjustment of General Schedule (GS)
federal employees is established at a rate
less than the scheduled increase for
Members, in which case Members are
paid the lower rate.

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CRS-21
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
Floor privileges —
House Rule IV, Section 4 disallows floor
Section 105. Amends the Standing Rules of
No new provision.
former Members
privileges to former Member who is a
the Senate to withdraw privileges to the
registered lobbyist or agent of a foreign
Senate floor for any former Member or
principal, has a personal interest in a
officer of the Senate (Senate Rule XXIII)
matter, or is in the employ of anyone to
who is a “registered lobbyist” or an “agent of
influence the passage or defeat of any
a foreign principal,” or is in the employ or
measure pending before the House or
represents any party to influence the passage
under consideration of committees.
or defeat of legislation.
On 1/31/2006, House adopted H.Res.
648, amending House Rule IV to deny
floor privileges to former Members,
officers and certain staff: who are
registered lobbyists or agents of a foreign
principal; have any direct personal or
pecuniary interest in any legislative
measure pending before House or
reported by a committee; or are employed
or represent any entity to influence the
passage, defeat, or amendment of any
legislative proposal.

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CRS-22
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
CAMPAIGN
FINANCE
Reform of “527”
Although most 527’s are considered
No provision.
Title VI applies federal regulation to
organizations’ campaign
“political committees,” as defined and
527s involved in federal election-related
expenditures
regulated by the Federal Election Campaign
activities, but not currently regulated by
Act (FECA), some are not currently
the FECA. Virtually identical to H.R. 513
regulated by FECA despite engaging in
(Shays-Meehan), as reported by House
activity related to federal elections,
Admin. Comm. without
arguably because their communications do
recommendation. Would add political
not expressly advocate the election or defeat
organizations operating under § 527 of
of a clearly identified candidate.
Internal Revenue Code to definition of
political committee under FECA, unless
involved exclusively in state and local
elections; would require political
committees (but not candidate or party
committees) making disbursements for
voter mobilization activities or public
communications that affect both federal
and non-federal elections to generally use
at least 50% hard money from federal
accounts to finance such activities (but
requires that 100% of public
communications and voter drive
activities that refer to only federal
candidates be financed with hard money
from a federal account). Would allow
contributions to non-federal accounts

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CRS-23
Issue/Provision
Current Law or Rule
S. 2349
H.R. 4975
making allocations under this provision
only by individuals and in amounts of up
to $25,000 per year. In one additional
provision not included in H.R. 513,
section 604 would repeal the limitation
on coordinated expenditures by political
parties under the FECA.

---

CRS-24
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 RL33293, Lobbying and Related Reform Proposals: Consideration of
Selected Measures, 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.
CRS Report RL33065. Lobbying Reform: Background and Legislative Proposals,
109th Congress, by R. Eric Petersen.
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 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 Report 97-875, “Revolving Door,” Post-Employment Laws for Federal
Personnel, by Jack Maskell.

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CRS-25
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.

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