For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33326 ------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL33326