Gifts and Ethics Rules: Side-by-Side Comparison of Provisions of S. 1 and H.Res. 6, 110th Congress
Order Code RL33893
Gifts and Ethics Rules: Side-by-Side Comparison
of Provisions of S. 1 and H.Res. 6, 110th Congress
February 20, 2007
Jack Maskell
Legislative Attorney
American Law Division
Gifts and Ethics Rules: Side-by-Side Comparison of
Provisions of S. 1 and H.Res. 6, 110th Congress
Summary
The following chart presents, in summary fashion, a side-by-side comparison
of the provisions in S. 1 and H.Res. 6, 110th Congress, which relate specifically to
congressional ethics, including the receipt of gifts from lobbyists and their clients and
the acceptance of payment or reimbursement of expenses from outside, private
sources for “officially connected” travel expenses. Although the provisions of both
S. 1 and H.Res. 6 deal with other matters, including changes to the internal
procedures in the Senate and House, respectively, (and in S. 1, changes to the federal
lobbying statute), this chart focuses only on comparing the amendments and proposed
changes dealing with “ethics” provisions affecting Members, employees, and officers
of either House of Congress. (For a summary of all of the provisions of S. 1, see
CRS Report RL33852, Ethics, Lobbying, and Related Procedural Reforms Proposed
in S. 1, 110th Congress.)
On January 4, 2007, the House of Representatives adopted H.Res. 6, 110th
Congress, which amended the internal Rules of the House to apply greater
restrictions, more transparency, and further regulation to the acceptance by Members
and staff of “gifts” from private, outside sources, including the acceptance of travel
expenses or reimbursements for “officially connected” travel by Members and staff.
The Rules changes prohibiting the receipt of even de minimis gifts (less than $50 in
value) from lobbyists, agents of foreign principals, and private entities employing
such lobbyists or foreign agents are effective in the House immediately; the new
restrictions, regulations and transparency provisions regarding “officially connected”
travel expenses are to take effect on March 1, 2007.
On January 18, 2007, the Senate passed S. 1, 110th Congress, which proposes
amendments and new regulations concerning congressional ethics, lobbying reform,
and proposals to amend Senate procedures to increase legislative transparency.
Because the proposed changes are incorporated in a bill, both the changes to the
Senate Rules (affecting, generally, ethics and Senate procedures), as well as
amendments to statutes (regarding lobbying, conflicts of interest, and pensions),
would become effective only upon enactment of the proposals into law.
Contents
Side-by-Side Comparison of Provisions of S. 1 and H.Res. 6 in the
110th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Gifts and Ethics Rules: Side-by-Side
Comparison of Provisions of S. 1 and
H. Res. 6, 110th Congress
The following chart presents in summary fashion a side-by-side comparison of
the provisions in S. 1 and H.Res. 6, 110th Congress, which relate specifically to
congressional ethics, including the receipt of gifts and the acceptance of payment or
reimbursement of expenses from outside, private sources for “officially connected”
travel expenses.
The provisions of H.Res. 6 were adopted as a simple resolution in the House
changing House Rules.1 Some of the gifts provisions in H.Res. 6, such as the ban on
acceptance of de minimis gifts of less than $50 from lobbyists, foreign agents, or their
private clients, are effective immediately; the provisions providing further restrictions
upon the acceptance of privately funded “officially connected” travel expenses are
to be made effective on March 1, 2007.
The provisions in S. 1, as passed, even those that would amend Senate Rules,
have been incorporated in a bill as the legislative vehicle, and thus must be passed
by the House of Representatives and signed by the President (or a veto overridden)
for those proposed changes in S. 1 to be effective.2
This chart is intended to address only the gifts and internal congressional ethics
matters in S. 1 and H.Res. 6. Provisions in either S. 1 or H.Res. 6 that change,
amend, or otherwise govern such matters as floor procedure or other procedural
matters in Congress, or those provisions in S. 1 that deal with subjects such as
lobbying reform affecting those who are not Members, officers, or employees of
Congress (which are not addressed in H.Res. 6), are not compared in this chart.
1 H.Res. 6, January 4, 2007, Sections 101, 201-211, 404(b); 153 Congressional Record H19-
H38 (daily ed. January 4, 2007).
2 Riddick’s Senate Procedure, S. Doc. 101-28, 101st Congress, 2d Sess., “Rules,” at pp.
1218-1219 (1992). A House or Senate Rule adopted by statute as a function of the rule-
making authority of the House or Senate (U.S. Constitution, Article I, Section 5), may be
later changed by the House or Senate, respectively, by simple resolution.
CRS-2
Side-by-Side Comparison of Provisions of S. 1 and H.Res. 6 in the 110th Congress
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
CONGRESSIONAL
ETHICS REFORMS
Gifts — Valuation
No specific valuation provision in
Section 107. Would amend the Senate Rules
Section 204. Has amended House Rules to
Senate Rules or House Rules prior to
on gifts (Rule XXXV) to provide that the
provide that the “value” of a ticket or pass
the 110th Congress.
market value of a ticket to a sporting or
to a sport or entertainment event will now
entertainment event will be the face value of
be determined by the actual face value
the ticket. If there is no face value, then the
printed on the ticket. When there is no
value of the most similar ticket sold to the
face value on the ticket, then the value of
public (taking into consideration all features of
such pass or ticket will now be the highest
the ticket, including parking, food and
face-value price of a ticket to the same
refreshments, and any special access to venue
event. House Rule XXV, cl. 5(a)(1)(B)(ii).
areas). If there are no comparable tickets sold
to the public, then the value of the pass or ticket
will be the cost of a ticket with the highest face
value for the event.
CRS-3
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Gifts — de minimis
Senate Rule XXXV (and House Rule
Section 108. Would amend the Senate Rule on
Section 203. Has amended the House Rule
exception not to apply
XXV, cl. 5, prior to the 110th Congress), gifts (Rule XXXV) to provide that the $50 de
on gifts (Rule XXV, cl. 5) to provide that
to gifts from lobbyists
prohibits receipt of gifts by Members
minimis exception to the gifts rule (wherein a
the de minimis exception for gifts (wherein
and staff from most sources, but
gift valued at less than $50 may be accepted by
a gift valued at less than $50 may be
exempts a gift of less than $50 in value
Senators and staff) does not apply to gifts from
accepted by Members and staff) will no
(if aggregate gifts in one year from
a registered lobbyist, an agent of a foreign
longer apply if the gift is from a registered
same source do not exceed $100).
principal, or a private entity that retains or
lobbyist, agent of a foreign principal, or
employs a registered lobbyist or foreign agent.
from a private entity that retains or
(Note: other exceptions, in subparagraph (c), to
employs registered lobbyists or foreign
the general gift prohibition still generally apply, agents. (Note: other exceptions, in
even to gifts from lobbyists or their clients.
subparagraph (3), to the general gift
Senate Rule XXXV, cl. 1(c)(1)-(23)).
prohibition still generally apply, even to
gifts from lobbyists or their clients. H.
Rule XXV, cl. 5(a)(3)(A) - (W)).
Gifts — Events at
No current provision.
Section 108A. Would prohibit a Senator from
No provision.
National Convention to
participating in an event to honor that Senator
Honor Members Paid
at a national party convention if the event is
for By Lobbyists
paid for by someone who is required to register
as a lobbyist, or is identified as a lobbyist or a
client in any registration report under the
Lobbying Disclosure Act of 1995.
CRS-4
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Gifts — “Officially
House Rule XXV, cl. 5(f), Senate Rule
Section 109(a). Would prohibit receipt of
Section 205(a). House Rules, as of March
Connected” Travel
XXXV, cl. 2(d), have allow for
payments or expenses for “officially
1, 2007, will prohibit the receipt of
Expenses: Source of
acceptance of “officially connected,”
connected” travel from not only a lobbyist and
payments or expenses for “officially
private funds.
“necessary” and “reasonable” travel
agent of a foreign principal, but also from a
connected” travel from not only a lobbyist
expenses from some private sources
private entity that retains or employs registered
and agent of a foreign principal, but also “a
(not lobbyists or foreign agents) for a
lobbyists or foreign agents; except, if expenses
private entity that retains or employs
limited amount of time when purpose of are from an “individual” (not a lobbyist or an
registered lobbyists or agents of a foreign
trip is sufficiently connected to official
agent of a foreign principal), if acceptance is in
principal,” except (1) if from a qualified
duties, if such travel and expenses are
conformance with regulations of the Select
“institution of higher education,” or (2)
disclosed within 30 days of trip.
Committee on Ethics and (1) expenses are for
when provided for a one-day event when in
“Necessary expenses” currently
an event, meeting or fact-finding trip sponsored conformance with regulations prescribed
excludes expenses for personal
by a 501(c)(3) (charitable) organization when
by the House Committee on Standards of
entertainment or recreational activities.
the organization has been pre-approved by the
Official Conduct (which could include a 1
Select Committee on Ethics, or (2) expenses are or, in some cases when necessary, a 2-
provided for a one-day event (which could
night stay).
include a 1 or, in some cases when necessary, a
2-night stay).
CRS-5
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Gifts — “Officially
Under current Senate Rules and former
Section 109(a)(7). Provides that, in addition to
Section 206(a). House Rules, as of March
Connected” Travel
House Rules, although lobbyists were
prohibiting acceptance of expenses from
1, 2007, in addition to prohibiting a
Expenses: Involvement
not allowed to pay for “officially
lobbyists, foreign agents, or their private
lobbyist, foreign agent or their private
of lobbyists in travel
connected” travel, there were no
clients, the Senate Rule would also prohibit the
clients from financing “officially
and arrangements
restrictions on lobbyists traveling with
acceptance of such travel expenses from anyone connected” travel, will prohibit a lobbyist
congressional party, or arranging for the if the trip was “planned, organized or arranged
or foreign agent from planning, organizing,
trip.
by or at the request of a registered lobbyist or
requesting, or arranging for such a trip, and
agent of a foreign principal,” or for trips on
from accompanying the Member or staffer
which a lobbyist accompanies the Member or
on any segment of the trip.
staffer on any segment of the trip.
Gifts — “Officially
Under former Rules only staff had to
Section 109(a)(7). Members, officers and
Section 206(a). Members, officers and
Connected” Travel
seek and receive prior approval, in
employees must provide to Senate Select
employees must provide to House
Expenses: Certification
writing from employing Member or
Committee on Ethics certification from sponsor Committee on Standards certification from
and Pre-approval for
office, before accepting “officially
specifying that financing and arrangements for
sponsor specifying that financing and
privately funded
connected” travel expenses.
trip conform to Senate Rules, and must receive
arrangements for trip conform to House
“officially connected”
prior approval from Committee before
Rules, and must receive prior approval
travel
accepting expenses for such travel.
from Committee before accepting expenses
for such travel.
CRS-6
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Gifts — “Officially
Current disclosures made within 30
Section 109(a)(5). Required disclosures would
Section 209. Required disclosures will
Connected” Travel
days after travel, to include dates,
also have to provide a description of the
now have to be filed within 15 days of the
Expenses: Additional
general itinerary, identification of
meetings and events attended.
completed travel, and are to also detail a
disclosure
sponsor, specific dollar figure for
description of the meetings and events
expenses when available (otherwise a
attended.
“good faith” estimate of expenses), and
in the case of a Member, an indication
that the member determined that the
purpose of the trip is officially
connected and “would not create the
appearance that the Member ... is using
public office for private gain.”
CRS-7
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Gifts — “Officially
Under current Senate and House Rules
Section 109(a)(8). The Senate Select
Section 208. The H. Com. on Standards of
Connected” Travel
there are no specific guidance or
Committee on Ethics is instructed to develop
Official Conduct is instructed to develop
Expenses: Rules on
guidelines concerning what are to be
guidelines concerning the connection between a guidelines concerning the connection
“reasonable” expenses
considered “reasonable” expenses for
trip and official duties, reasonableness of an
between a trip and official duties,
accepting “officially connected” travel
amount spent by a sponsor, the relationship
reasonableness of an amount spent by
expenses from private sources.
between an event and an “officially connected”
sponsor, relationship between an event and
purpose, and the relationship between the
an “officially connected” purpose, and
source of funding and an event. In developing
relationship between source of funding and
these guidelines the Committee is instructed to
event. In developing guidelines
take into consideration the “maximum per diem Committee is instructed to take into
rates for official Government travel published
consideration maximum per diem rates for
annually by the General Services
official Government travel published
Administration, the Department of State, and
annually by the GSA, the Department of
the Department of Defense.”
State, and the Department of Defense.
CRS-8
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Gifts — Travel on
Travel on private, corporate aircraft
Section 109(b). Senate gift rule is amended to
Section 207. Members and staff are now
private, “corporate
generally must be reimbursed so that
require reimbursement at fair market value for
prohibited from using any funds, whether
aircraft”
such travel will not be a contribution to
travel on private, noncommercial aircraft, with
personal, campaign, or official funds, to
an “unofficial office account” (Senate
the fair market value being the pro rata share of pay for or reimburse expenses of traveling
Rule XXXVIII, House Rule XXIV), or
the value of the normal and usual charter fare
on private, corporate aircraft. Members
a personal “gift” to Member, officer or
or rental charge for similar travel and aircraft.
and staff traveling for personal purposes,
employee. No specific provision on
Members and staff must file a detailed report
campaign purposes, or for purposes related
“market value,” rate of reimbursement,
within 60 days after the date of the flight to
to official duties, will now generally be
required for such flights under House or include information on date of flight,
required to fly on commercially scheduled
Senate Rules (but see F.E.C. regs.).
destination, owner or lessee of aircraft, purpose airlines, or to charter flights from
of the travel, persons on flight, and charter rate
companies in that business.
paid for the flight.
“Revolving Door,”
All representations of Indian tribes by
Section 110. Would more closely conform
No provision.
post-employment
former federal officers or employees are exemption for representing Indian tribes by
conflicts of interest -
now exempt from “revolving door” law
former federal officials to current exemption
representing Indian
at 18 U.S.C. § 207 by provisions of
for representing State or local governments by
tribes
Indian Self-Determination Act, 25
former federal officials, that is, exempting acts
U.S.C. §450i(j).
of former officials who carry out official duties
or as elected officials for state or local
governments or for tribes.
CRS-9
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
“Revolving door,” post- Current Senate Rule, Rule XXXVII(9),
Section 111. Would amend Senate Rule
No provision.
employment conflicts
prohibits all former staff who have
XXXVII to prohibit all “senior” Senate staff
of interest — Rule for
become registered lobbyists or are in
(paid at rate of 75% of Member’s salary) from
staff
employ of such from lobbying their
lobbying entire Senate for one year after
former office for one year.
leaving office.
No comparable House Rule, but see 18
U.S.C. § 207(e)(2)-(5), barring lobbying
by “senior” Hill staff of former office
for one year.
CRS-10
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
“Revolving door,” post- No current provisions for legislative
Section 112. Amends Senate Rules to prohibit
No provision.
employment conflicts
branch.
Senators from negotiating or having an
of interest —
arrangement for private employment until
employment
Senator’s successor has been elected, unless
negotiations
Senator w/in three days after “negotiations”
begin, files a publicly disclosed signed
statement with Secretary of Senate revealing
names of private parties or entities involved,
and date negotiations or arrangements began. If
job involves “lobbying activities,” Senator may
not negotiate or arrange employment until after
successor is elected. Senior staff (compensated
at rate of 75% of a Senator) must notify Ethics
Committee w/in three days as to start of
negotiations or arrangements for private
employment. Staffer must recuse himself
concerning official matter creating conflict or
appearance of conflict of interest because of
negotiations or arrangements, and notify Ethics
Committee.
CRS-11
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Official contacts with
No current provisions in law or Rule.
Section 113. Would amend Senate Rule to
No provision.
Member’s family who
require Member to prohibit staff from having
lobby
official contact with any members of that
Senator’s immediate family who are registered
lobbyists or are employed by lobbyist to
influence legislation, except if spouse of
Senator was already a registered lobbyist at
least one year prior to election of Member, or
one year before their marriage. All Senators
and employees of any office would also appear
to be prohibited from having official contact
with a spouse of any Senator if that spouse is a
registered lobbyist or is retained by a registered
lobbyist to influence legislation.
Influencing private
No specific provisions in current law.
Section 114. Would amend Senate Rules
Section 202. Amends House Rules to
employment decisions
(Senate Rule XLIII) to prohibit a Senator from
prohibit a Member from taking or
taking or withholding, or threatening or
withholding, or threatening or promising to
promising to take or withhold, any official act,
take or withhold, any official act, or to
or to influence or to offer to influence an
influence or to offer to influence an official
official act of another, with the intent to
act of another, with the intent to influence
influence on the basis of partisan political
on basis of partisan political affiliation an
affiliation an employment decision or
employment decision or employment
employment practice of a private entity.
practice of a private entity.
CRS-12
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
“Revolving door,”
18 U.S.C. § 207(e) prohibits, for one
Section 241. Would amend criminal law at 18
No provisions.
post-employment
year after leaving office, Members and
U.S.C. § 207 to expand from one year to two
conflicts of interest
certain senior staff from lobbying —
years the “cooling off” period on Members of
making communications or appearances Congress, prohibiting lobbying Congress for
with intent to influence — either
two years after leaving office; to expand
House of Congress (for former
one-year cooling off period to two years for
Members), or their former employing
“very senior” executive branch officials
office (for senior staff). Senate Rules
(cabinet officers and certain others); and to
(Rule XXXVII(9)) prohibit all Senate
expand one-year cooling off restriction for
employees who become lobbyists from
“senior” Hill staff (paid at rate of 75% of
lobbying their former office for one
Member’s salary) to prohibit lobbying entire
year.
House of Congress in which they had worked,
rather than merely the office or committee
where they had worked as currently provided.
Would also significantly expand the activities
of former Members and former elected
congressional officers for which criminal
penalties may be applied in two-year “cooling
off” period, by adding a new restriction to
include any behind-the-scenes activities,
advice, or consultations that the former
Member or officer may have that are “in
support of ... lobbying contacts” made by others
on behalf of a client.
CRS-13
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Ethics Training
No specific provision in Rules.
Section 232. New Senators and staff required to Section 211. Training to be “offered” by
complete an ethics training program from
House Committee on Standards of Official
Senate Select Committee on Ethics within 60
Conduct. Mandatory annual training for
days after commencing service. Existing
staff; training for Members of the House,
Members and staff serving on date of
however, is not mandatory. New staff to
enactment must complete the program not later
take training within 60 days of
than 120 days after enactment of law.
employment.
CRS-14
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Ethics Committees’
No specific provision in Rules.
Section 234. Would require House Comm. on
No provision.
Reports
Standards of Official Conduct and Senate
Select Committee on Ethics to issue annual
report by Jan. 31 of each year concerning: the
number of alleged violations of congressional
rules received from third parties, Members or
staff or from inquiries raised by committee
staff; number of violations dismissed for lack of
subject matter jurisdiction or failure to provide
sufficient facts; number of complaints for
which staff conducted preliminary
investigation; number of complaints presented
by staff to committee with recommendations
that complaint be dismissed; number of
complaints presented by staff to committee
with recommendations that investigation
proceed; number of ongoing inquiries; number
of complaints dismissed for lack of substantial
merit; number of private letters of admonition
issued; and the number of matters resulting in
disciplinary sanctions.
CRS-15
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Congressional Pensions Members of Congress, like all federal
Sections 301-304. Amends “Hiss Act” to add to No provision in H.Res. 6, but House
employees, lose their federal pensions
crimes “committed by a Member of Congress”
passed H.R. 476 which would provide a
(annuities) for violations of various
that would result in forfeiture of federal
loss of the credit for the years served as a
national security offenses, under so-
annuities those of bribery and illegal gratuities
Member of Congress for one’s federal
called “Hiss Act.” 5 U.S.C. §§ 8311,
(18 U.S.C. § 201); conspiracy (18 U.S.C. § 371) annuity if a Member is convicted of
8312.
to violate the bribery law; or perjury or
bribery or illegal gratuities (18 U.S.C.
subornation of perjury when it relates to
§ 201), acting as agent of foreign principal
denying the commission of an offense violative
(18 U.S.C. § 219), conspiracy (18 U.S.C. §
of the bribery statute, or of the conspiracy
371) to commit those offenses, perjury or
statute concerning a conspiracy to violate the
subornation of perjury relating to those
bribery law. The effective date of this
offenses.
provision of S. 1 would be delayed until
January 1, 2009.
Knowing Falsification
Financial disclosure law (Ethics in
Section 401. Would increase express civil fine
No provision.
of Financial Disclosure
Government Act, see 5 U.S.C. app.
from $10,000 to $50,000, and would provide
Report
§§ 101 et seq.), does not have express
new express criminal penalty for knowing and
criminal penalty, but 18 U.S.C. § 1001
willful failure to file or false filing of up to one
prohibits all intentionally false or
year imprisonment.
fraudulent writings or entries to Federal
Government and provides penalty of up
to five years’ imprisonment, and
$250,000 fine.
CRS-16
Current Senate Provision and House
Issue/Provision
S. 1
H.Res. 6
Rule Prior to 110th Congress
Ethics and Earmarks
No provision in current Rules
Section 404. Adds a provision to the Senate
Section 404(b). Amends the Code of
Rule on conflicts of interest (Senate Rule
Official Conduct, Rule XXIII, to make it
XXXVII) to make it an ethics violation for a
an ethics violation to condition the
Member to use his or her official position to
inclusion of an earmark or limited tax or
“request, or otherwise aid in the progress or
tariff benefit on any vote of another
passage of a congressional earmark” that
Member. Requires a Member requesting
benefits the financial or pecuniary interests of
an earmark or limited tax or tariff benefit
the Member, the Member’s spouse, the
to provide a written statement identifying
Member’s immediate family, any employee of
the member, the intended recipient, the
the Member, or spouse or family member of
purpose of such earmark or benefit, and a
such employee. An earmark would include not
certification that the Member has no
only a defined spending item, but also a
financial interest in the matter.
targeted tax deduction, exclusion, or preference
for 10 or fewer beneficiaries.