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
Updated May 9, 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
Lobbying, Ethics, and Related Procedural Reforms:
Comparison of Current Provisions of
S. 2349 and H.R. 4975
Summary
This report summarizes and compares the provisions concerning lobbying,
ethics, and related congressional procedural reforms being considered in S. 2349,
109th Congress, as passed by the Senate on March 29, 2006, and H.R. 4975, 109th
Congress, as passed by the House on May 3, 2006. The table presents a side-by-side
comparison of the bills and will be updated regularly to reflect amendments to and
changes in the legislation.
Contributors to the report include Jack Maskell, legislative attorney, American
Law Division (primarily responsible for covering the provisions concerning
congressional ethics); Eric Petersen, analyst in American National Government,
Government and Finance Division (lobbying reform); and Sandy Streeter, analyst in
American National Government, Government and Finance Division (congressional
procedural reform). Ida Brudnick, analyst in American National Government,
Government and Finance Division, assisted with the provision concerning
congressional pay raises. Paige Whitaker, legislative attorney, American Law
Division, and Joe Cantor, specialist in American National Government, Government
and Finance Division, assisted with the campaign finance provisions relating to 527
organizations.
The report concludes with a list of CRS resources that provide further
discussion and more detailed analysis of the issues addressed by the legislation
presented in the table.
Contents
Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975 . . . . . . . . 2
Additional Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Congressional Ethics Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Congressional Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Campaign Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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 passed by the Senate on March 29, 2006, and H.R. 4975,
as passed by the House on May 3, 2006.
CRS-2
Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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
prohibits even
de minimis gifts — those
Committee on Standards of Official
Members and staff from most sources,
under $50 (including meals) — from a
Conduct to recommend any changes to the
but exempt a gift of under $50 in value
registered lobbyist or foreign agent. (Note:
“exceptions to the limitations on the
(if aggregate gifts in one year from same refreshments of “nominal value,” when
acceptance of gifts” in clause 5(a) of Rule
source do not exceed $100).
offered “other than as part of a meal,” would XXV of the House Rules.
appear to still be permitted under exception
at Senate Rule XXXV, cl. 1(c)(22)).
Gifts — valuation
No specific valuation provision in
No provision, but, as noted above, would
Section 304. Requires valuation (for
current House or Senate Rules.
ban most
de minimis gifts (under $50) from a purposes of the under-$50-
de minimis
registered lobbyist or agent of a foreign
exception) of unpriced tickets and passes to
principal.
sporting/entertainment events at the highest
price of a ticket to event with a face value.
Gifts from lobbyists —
Congressional Rules regulate Members
Section 251. Would amend Lobby
Sec. 107. Amends LDA to expressly
prohibitions (see also
and staff accepting gifts from lobbyists,
Disclosure Act of 1995 (LDA) to expressly
prohibit a lobbyist or client from making
“Lobbying Disclosure
but Rules do not extend to lobbyists
prohibit a lobbyist from making a gift or
any gift to a Member or employee of the
Reform,” below)
themselves, who are outside of
providing travel to a Member or staff of
House knowing that such gift violates the
jurisdiction of ethics committees.
Congress unless gift is permitted under the
Rules of the House of Representatives.
Lobbyists prohibited from offering
provisions of the applicable Rules of the
Provides fine of up to $50,000 for
“bribes,” “illegal gratuities” to Members
House of Representatives or of the Senate.
violations.
or staff. 18 U.S.C. 201.
CRS-3
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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 S. Select Comm. on
accept privately financed travel in
“officially connected”
“officially connected,” “necessary” and
Ethics prior to Senators, officers, and staff
connection with official duties by Members
travel
“reasonable” travel expenses from some
accepting travel and transportation expenses
and staff of House until House Committee
private sources (not lobbyists or foreign
or reimbursements from a private source
on Standards recommends Rule changes
agents) for a limited amount of time
(not a governmental entity) for any
concerning the acceptance of privately
when purpose of trip is sufficiently
“officially connected” travel. Sponsor of
funded, “officially connected” travel by
connected to official duties, if such travel trip must certify in writing as to source of
June 15, 2006. Until then, H. Comm. on
and expenses are disclosed within 30
funds, that trip is not funded, planned, or
Standards may preapprove such travel by
days of trip. “Necessary expenses”
arranged by a registered lobbyist, and that a
2/3rds vote. After that, private sources
currently excludes expenses for personal
lobbyist will not participate or attend.
must get H. Comm. on Standards to certify
entertainment or recreational activities.
Detailed itinerary and reporting required.
that travel conforms to Rules.
Travel on private
Travel on private, corporate aircraft
Section 107(b). Amends Senate Rules to
Section 303. Amends LDA to prohibit
“corporate aircraft”
generally must be reimbursed so that
require reporting of travel by Senators and
lobbyist or lobbying firm from being on
such travel for official purposes will not
staff on private corporate jets (aircraft not
flight with House Member or staff on a
be a contribution to an “unofficial office
licensed by the FAA for commercial air
private aircraft (aircraft not licensed by the
account” (Senate Rule XXXVIII, House
travel), — detailing to Secretary of Senate
FAA for commercial air travel) if aircraft is
Rule XXIV) or, if for personal reasons, a date, destination, owner or lessee of aircraft,
owned or operated by a client of the
personal “gift” to Member or employee.
purpose of and persons on trip. Does not
lobbyist or a lobbying firm. Does not
No specific provision on “market value,” prohibit, nor establish “market value” of
prohibit such travel on private jets
rate of reimbursement, required for such
such travel for purposes of reimbursement.
generally, nor establish rules for the
flights under House or Senate Rules (but
Requires similar reporting to the F.E.C. for
“market value” of travel for purposes of
see F.E.C. regulations for reimbursement candidate travel for campaign purposes.
reimbursement.
of campaign-related travel).
CRS-4
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
“Revolving door,” post-
18 U.S.C. § 207(d) prohibits, for one
Section 241. Increases from 1 to 2 years
No further post-employment lobbying,
employment conflicts of
year after leaving office, “very senior”
current post-employment “cooling off”
“revolving door,” prohibitions. Section 201
interest
executive branch officials from lobbying period for very senior executive branch
requires the Clerk of the House to notify
— making communications or
personnel (Vice President, cabinet members, departing Members and staff of the current
appearances with intent to influence —
and certain presidential and vice presidential restrictions on post-employment lobbying.
certain officials on the Executive
assistants), and for Members of Congress
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
Hill staff by restricting for 1 year post-
year after leaving office, Members and
employment lobbying of any Member,
certain senior staff from lobbying —
office, or employee of the entire House of
making communications or appearances
Congress in which the staffer had worked
with intent to influence — either House
(and not merely one’s former office).
of Congress (for former Members), or
Section 108. Amends current Senate Rules
their former employing office (for senior by prohibiting “senior” Senate staff
staff).
(compensated at a rate of more than 75% of
Senate Rules (Rule XXXVII(9)) prohibit a Member’s salary, and employed more than
all Senate employees who become
60 days) who become registered lobbyists
lobbyists from lobbying their former
from lobbying, for one year after leaving
office for one year.
office,
any Member, officer or employee of
Senate.
CRS-5
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
“Revolving door,” post-
No current provisions for legislative
Section 109. Amends Senate Rule on
Section 202. Amends H. Rules to require
employment conflicts of
branch
conflicts of interest to prohibit Members of
Members to file with Comm. on Standards
interest — employment
the Senate from arranging or negotiating
a statement that they are negotiating
negotiations
private employment until the Member’s
compensation for prospective employment
successor is elected, unless the Member
or have any arrangement for prospective
discloses to the Secretary of the Senate for
employment, if there would exist a conflict
public release details of such private
or appearance of a conflict of interest.
employment negotiations or arrangements.
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 Senate Conduct Rules Section 203. Amends House Conduct
employment decisions
to prohibit Members from attempting to
Rules to prohibit Members from attempting
influence, on the basis of partisan political
to influence, on the basis of partisan
affiliation, the hiring or employment
political affiliation, hiring or employment
decisions of a private entity by promising or
decisions of a private entity by promising or
threatening to take or withhold official
threatening to take or withhold official
action by the Member or another.
action by the Member or another.
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.
CRS-6
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Ethics training: Members No specific provision in Rules.
Section 232. Senate Ethics Comm. must
Section 502. Requires H. Committee on
and staff
conduct ethics training for Senate personnel, Standards to provide mandatory ethics
new Senators and staff to complete training
training for House employees once per
no later than 60 days after beginning service
Congress, and would withhold pay from
and existing staff to complete program no
any staff not completing such training.
later than 120 days after enactment.
Amends House Rule XI to require H.
Comm. On Standards to establish ethics
training for Members, and requires
publication of names of Members not
taking training on Committee website and
in the
Congressional Record.
Ethics training:
No provision.
No Provision.
Section 701 (amendment 8). Requires H.
Lobbyists (see also
Comm. on Standards to provide 8-hour
Lobbying Disclosure
ethics training program to registered
Reform)
lobbyists on the Code of Official Conduct
and disclosure rules applicable to House
Members and staff. Provides for penalties
for failure by lobbyists to take training once
per Congress.
Publication of Ethics
No specific provision in Rules.
No provision. Senate Ethics Manual
Section 503. Requires House Comm. on
Manual
published in 108th Congress.
Standards to publish an updated Ethics
Manual within 120 days of this law, and to
update Manual every Congress thereafter.
CRS-7
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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.
Congressional pensions
Members of Congress, like all federal
No provision.
Section 601. Members would generally
employees, lose their federal pensions
lose credit towards their federal pensions
(annuities) for violations of various
for all service as a Member of Congress if
national security offenses, under so-
they are convicted of bribery, acting as an
called “Hiss Act.” 5 U.S.C. §§ 8311,
agent of a foreign principal, or conspiracy
8312.
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.
CRS-8
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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, and
[LDA] requires and implements semi-
the threshold and triggering amounts in the
adjusts the threshold and triggering
annual reporting by covered “lobbyists.”
Lobbying Disclosure Act of 1995 [LDA] to
amounts in the LDA to reflect the new
reflect the new quarterly periods.
quarterly periods.
Reporting thresholds
2 U.S.C. § 1604. If income for matters
Section 211. Would reduce thresholds to
Section 101. Would reduce thresholds to
related to lobbying activities on behalf of $2,500 and $10,000, respectively, to reflect
$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 less
lobbying-related income from the client,
lobbying to less than $5,000 and $10,000.
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
estimated at less than $10,000 or in
$25,000, rounded to the nearest $20,000.
increments of $20,000.
CRS-9
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Electronic filing
2 U.S.C. § 1604. Requires registered
Section 219. Requires electronic filing by
Section 102. Requires LDA registrations
lobbyists to “file a report” with Clerk of
lobbyists in addition to any written, paper
and reports to be filed in electronic form in
House and Secretary of Senate.
reports filed.
addition to any other form that may be
required by the Clerk or the Secretary.
Pursuant to a directive issued by the
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.)
Searchable database of
2 U.S.C. § 1605. Instructs Clerk of
Section 213. Requires repositories of
Section 103. Requires creation and
lobbyists
House and Secretary of Senate to be
lobbying disclosure reports to create a
maintenance by the Clerk and the Secretary
repositories and to allow public
searchable, sortable, and downloadable
of a searchable, sortable, and downloadable
inspection of lobby disclosures and
database of lobbyist reports and
database containing LDA registration and
filings.
registrations, linked to campaign reports
disclosure information, made available
filed with the F.E.C., available to the public
through the Internet.
within 48 hours of filing.
CRS-10
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Electronic filing and
Foreign Agents Registration Act (FARA) Section 221. Requires FARA registration or No provision.
searchable database for
(22 U.S.C. 611
et seq.) requires
updates to also be filed in electronic form.
agents of foreign
reporting, disclosure to Justice Dept. by
Requires Attorney General to create a
principals
lobbying or political “agents” of “foreign searchable, sortable, downloadable database
principals”; does not require electronic
of reports and disclosure filings, linked to
filing, nor provide for public database of
campaign reports filed under FECA,
foreign agents.
available to the public within 48 hours of
filing.
Lobbyists’ past
2 U.S.C. § 1603(b)(6). Details required
Section 214. Requires lobbyists also to
Section 104. Requires lobbyists also to
government employment contents of lobbyist registration
disclose all prior executive and legislative
disclose all prior executive and legislative
statements including identity
branch employment in registration
branch employment in registration
information, clients, entities contributing statements.
statements for seven years prior to
$10,000 or more to lobbying activities,
registration.
identity of certain foreign entities
involved, general issue areas of interest,
names of employees of registrant who
will lobby.
CRS-11
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
“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.
Identification of public
No specific identification provision.
Section 215 would amend LDA to require
No provision.
entity clients
specific identification of a public entity that
is the client of the reporting lobbyist.
Gifts from lobbyists —
House and Senate Rules regulate
Section 251. Would amend LDA to
Sec. 107. Amends LDA to expressly
prohibition
Members and staff accepting gifts from
expressly prohibit a lobbyist from making a
prohibit a lobbyist or client from making
lobbyists, but Rules do not extend to
gift or providing travel to a Member, officer
any gift to a Member or employee of the
lobbyists themselves, who are beyond
or employee of Congress unless such gift is
House knowing that such gift violates the
jurisdiction of ethics committees.
permitted under the provisions of the
Rules of the House of Representatives.
Lobbyists prohibited from offering
applicable Rules of the House of
Provides fine of up to $50,000.
“bribes” and “illegal gratuities” to
Representatives or of the Senate.
Members and staff. 18 U.S.C. § 201.
CRS-12
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Gifts, donations from
No specific reporting provision.
Section 215. Lobbyists must disclose
Section 105. Requires lobbyists to disclose
lobbyists — reporting
payments for travel “in connection with the
any gifts that count toward the annual gift
duties” of a covered official “provided, or
limit established by House rules.
directed or arranged” for covered legislative
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.
CRS-13
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Contributions from
No specific gift or contribution reporting Section 212. Requires registered lobbyists
Section 105a. Requires each LDA
lobbyists — reporting
requirement of lobbyists. General FEC
to report annually identifying any Federal
registrant and lobbyist, and any “affiliated”
reporting requirements by recipients of
candidate, officeholder, leadership PAC, or
political committee defined in FECA to
contributions, at 2 U.S.C. §§ 431 - 434.
political party committee to whom a
disclose any contributions made to federal
contribution of over $200 was made, or for
candidates, officeholders, leadership PACs,
whom a fund-raiser was hosted, co-hosted or political party committees or other entity
sponsored.
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.
Section 105b. Establishes factors to be
considered to determine the relationship
between officials and “affiliated”
committees and other entities.
“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.” Defines “paid efforts to stimulate
lobbying 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....”
CRS-14
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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.
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
violations
Lobbying Disclosure Act of 1995 from
of the Lobbying Disclosure Act of 1995
$50,000 fine to $100,000.
from $50,000 fine to $100,000.
Establishes criminal penalties, up to three
years for knowing and willful violation, up
to five years for knowing willful and
corrupt violation.
CRS-15
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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
concerning the aggregate number of non-
Committee on Rules and Administration
compliance referrals made to the Department
have jurisdiction over the Clerk of the
of Justice, and requires a semi-annual report
House and the Secretary of the Senate,
from the United States Attorney for the
respectively, and may have some
District of Columbia concerning
oversight authority of LDA provisions
enforcement actions taken by that office on
the Clerk and the Secretary must
such referrals.
implement.
Audits of Lobbying
No current provision of law or Rule.
Section 231. Requires Comptroller General
Sections 401, 402. Requires the Inspector
Reports
to audit lobbying reports annually to
General of the House to audit LDA
determine extent of compliance with law.,
disclosure information, and to refer
and to report not later than April 1 annually
potential violations of the Act to the
to Congress assessment of compliance and
Department of Justice. The measure
any recommendations to improve
provides for ongoing reviews and annual
compliance and oversight.
reports by the inspector general on
activities carried out by the Clerk of the
House under LDA. 401, 402.
CRS-16
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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.
Ethics training:
No provision.
No provision.
Section 701 (amendment 8). Requires H.
Lobbyists
Comm. on Standards to provide 8-hour
ethics training program to registered
lobbyists on the Code of Official Conduct
and disclosure rules applicable to House
Members and staff. Provides for penalties
for failure by lobbyists to take training once
per Congress.
CRS-17
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Congressional Operations and Procedures
Conference Reports —
Senate Rule XXVIII prohibits members
Section 102. Prohibits consideration on the
No new provision.
out-of-scope matters
of a conference committee (conferees)
Senate floor of any conference report that
from exceeding the scope of the
exceeds the scope of the differences between
differences between the House- or
the House- or Senate-passed versions of the
Senate-passed versions of the bill in a
bill. If a point of order under this provision
conference report. In cases in which
is sustained, the new matter is stricken and
conferees are negotiating over a bill and
the Senate considers whether to send an
a complete substitute amendment,
amendment containing the remaining
conferees may include in the conference
provisions in the conference report to the
report a new substitute on the same
House. A point of order may be raised
subject. While conferees may not
against each provision in violation of this
include new matter, they may include
rule, and the Senate considers the
matter which is a germane modification
amendment after all points of order have
of provisions in either the bill or the
been disposed of. This question is debatable,
original substitute amendment. If a point although no further amendments are
of order that the conference report
allowed. A 3/5 vote of all Senators is
violates this rule is sustained, the
required to waive or suspend section 102 or,
conference report falls or is recommitted
on appeal, overrule the chair’s ruling.
to the conference committee. The chair’s
ruling may be appealed, sustaining the
chair’s ruling requires a majority votes.
CRS-18
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Conference Reports —
Senate Standing Rule XXVIII allows a
Section 104. Prohibits consideration of a
No new provision.
layover requirements
motion to proceed to consider a
conference report, unless it is available to all
conference report at any time if copies of Senators and available on Internet for at least
the conference report are available to
48 hours before its consideration. The
each Senator.
effective date of this section is 60 days after
enactment. Not later than this date, the
Secretary of the Senate is required to
develop a website capable of meeting the
above requirement, after consulting with the
Clerk of the House of Representatives, the
Government Printing Office, and the Senate
Committee on Rules and Administration.
Earmarks
Earmarks are not currently defined in
Section 103. Requires disclosure of certain
Section 501. Requires disclosure of certain
law or congressional rule. As defined by earmarks and a 48-hour layover requirement. earmarks. It prohibits consideration of a
section 103 of S. 2349, earmarks have
It prohibits consideration of any Senate bill,
general appropriations bill reported by the
been included in measures, committee
Senate amendment, or conference report to
House Committee on Appropriations unless
reports, conference reports, joint
any bills (including appropriations,
the committee report includes (1) a list of
explanatory statements, and committee
authorization, and revenue bills) unless
earmarks provided in the reported bill or in
lists. A single list by bill is frequently
certain earmark information is available to
the committee report and (2) identification
not available, instead earmarks may be
all Senators, and available on the Internet for of Representatives submitting requests for
organized in a document by agency,
at least 48 hours, before its consideration.
earmarks in the list. Section 501 also
subject, or program. The documents
The earmark information required is (1) a
prohibits consideration of a conference
generally do not include information
list of all earmarks in the measure; (2)
report for a general appropriations bill
identifying the earmark sponsor(s).
identification of the Senator(s) who
unless the joint explanatory statement
The Senate typically brings up a measure proposed the earmark; and (3) an
contains a list of earmarks (and
for consideration by unanimous consent
explanation of the essential governmental
Representatives requesting such earmarks)
or on a motion to proceed, requiring a
purpose of the earmark. This section defines
that originated at the conference stage. If a
CRS-19
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
majority vote. If a motion to proceed is
earmark as a provision that specifies the
point of order is raised under section 501,
used, a point of order against its
identity of a non-federal entity to receive a
the chair does not rule. Instead, the House
consideration could be raised. The chair
specific amount of assistance (in the form of
considers the question of consideration,
would rule on the point of order,
budget authority, contract authority, loan
which is debatable for 30 minutes. A point
although the ruling would be subject to
authority, other expenditures, tax
of order against consideration of a bill can
appeal. Sustaining the chair’s ruling
expenditure, or other revenue items). If a
only be made against the failure to include
would require a majority vote.
point of order is raised under this provision,
a list of earmarks; in contrast, a point of
House: Before the House considers a
the chair rules on it, although the ruling is
order against consideration of a conference
general appropriations measure,a or
subject to appeal. Sustaining the chair’s
report can be made against the failure to
conference report to such a bill, it
ruling requires a majority vote.
include a complete list of earmarks. Section
typically adopts a blanket waiver of any
501 prohibits the House from considering a
rules that might prohibit consideration of
rule or order that waives the provision
the measure or conference report. If a
regarding conference reports. If a point of
waiver is not adopted and a point of
order is raised that a rule or order waives
order is raised, the Presiding Officer
the conference report provision, the House
rules on the point of order. If the point
votes on the following question: “Shall the
of order is sustained, the measure or
House now consider the resolution
conference report may not be considered.
notwithstanding the assertion of [the maker
of the point of order] that the object of the
[a. In the House,
general appropriations
resolution introduces a new earmark or new
bill refers to all 11 annual regular
earmarks?” Section 501 defines
earmark as
appropriations bills as well as most
a provision in a measure (committee report,
supplemental appropriations measures.]
conference report, or joint explanatory
statement) providing or recommending a
specific amount of funding that is (1) for a
non-federal entity specifically identified in
the documents, or (2) is allocated outside of
the normal formula-driven or competitive
CRS-20
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
bidding process and is targeted to a specific
state or congressional district (or
identifiable person). Under certain
circumstances, the following are excluded:
federal facilities, federal lands,
government-sponsored enterprises, states,
territories, Indian tribes, foreign
governments, and intergovernmental
international organizations.
Bribery and Earmarks
Lobbyists and all others prohibited from
No provision.
A new section would clarify and specify
offering things of value to Members and
that the prohibitions in 18 U.S.C. § 201on
staff as “bribes” or “illegal gratuities” in
bribery and illegal gratuities apply to a
connection with “any official act” of
legislative “earmark,” as defined in H.R.
such Members or staff; all public
4975.
officials are prohibited from accepting
such bribes or illegal gratuities. 18
U.S.C. § 201.
CRS-21
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Votes and congressional
2 U.S.C. 31 provides for an automatic
Provides that any adjustment under 2 U.S.C.
No new provision.
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.
Senate “Holds”
Senate rules and precedents are silent on
Section 114 would require Senators to
No provision.
“holds,” an informal device that permits
submit written notice to the majority or
a single Senator or any number of
minority leader, as appropriate, of their
Senators to stop floor consideration of
intent to object to proceeding to a measure,
measures or matters that are available to
and submission of that objection fo inclusion
be scheduled by the Senate.
in the
Congressional Record within three
days. The publication of the removal of
such a hold in the
Congressional Record is
also required.
CRS-22
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
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.
CRS-23
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Study Commission to
None.
Subtitle E, sections 261-270, establishes 10- No provision.
Strengthen Confidence in
member, bipartisan commission (chair and
Congress
vice-chair appointed jointly by the minority
and majority leaders of the House and Senate,
2 members appointed by senior Members of
the leadership of the two parties in each
chamber, with one of the two appointees each
senior leader appoints to be a former Member
of the chamber) to study and submit a report to
Congress with its findings, conclusions, and
recommendations on current congressional
ethics requirements and enforcement.
Establishes powers of the commission to hold
hearings, gather evidence, and obtain
information.
CRS-24
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Campaign Finance
Reform of 527
Although most 527s are considered
No provision.
Provisions of H.R. 513, 109th Congress, as
organizations’ campaign
“political committees,” as defined and
passed by the House are included in H.R.
expenditures
regulated by the Federal Election
4975 (H.Res. 783, Section 2). Applies
Campaign Act (FECA), some are not
federal regulation to 527s involved in
currently regulated by FECA despite
federal election-related activities, but not
engaging in activity related to federal
currently regulated by the FECA. Would
elections, arguably because their
add political organizations operating under
communications do not expressly
§ 527 of Internal Revenue Code to
advocate the election or defeat of a
definition of
political committee under
clearly identified candidate.
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 making allocations
under this provision only by individuals and
in amounts of up to $25,000 per year.
CRS-25
Issue/Provision
Current Law or Rule
S. 2349, as passed by Senate
H.R. 4975, as passed by House
Personal use of campaign Current law prohibits campaign funds
No provision.
Section 701. Specifies that the restriction
funds: Leadership PACs
received by a federal candidate to be
on conversion to personal use of funds
converted to personal use, at 2 U.S.C. §
given to a candidate applies also to the
439a.
funds in “Leadership PACs.”
CRS-26
Additional 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.
CRS-27
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.