Lobbying, Ethics and Related Procedural Reforms: Comparison of Current Provisions of S. 2349 and H.R. 4975

CRS Report for Congress
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
This report summarizes and compares the provisions concerning lobbying,
ethics, and related congressional procedural reforms being considered in S. 2349,thth
109 Congress, as passed by the Senate on March 29, 2006, and H.R. 4975, 109
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
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.

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.

Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975
Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
hics Reforms
fts — de minimisSenate Rule XXXV, House Rule XXV,Section 106. For Senators and staff,Section 302. Instructs the House
cl. 5, prohibit receipt of gifts byprohibits even de minimis gifts — thoseCommittee on Standards of Official
Members and staff from most sources,under $50 (including meals) — from aConduct to recommend any changes to the
but exempt a gift of under $50 in valueregistered lobbyist or foreign agent. (Note:“exceptions to the limitations on the
(if aggregate gifts in one year from samerefreshments of “nominal value,” whenacceptance of gifts” in clause 5(a) of Rule
iki/CRS-RL33326source do not exceed $100).offered “other than as part of a meal,” wouldappear to still be permitted under exceptionXXV of the House Rules.
g/wat Senate Rule XXXV, cl. 1(c)(22)).
leakaluationNo specific valuation provision inNo provision, but, as noted above, wouldSection 304. Requires valuation (for
current House or Senate Rules.ban most de minimis gifts (under $50) from apurposes of the under-$50-de minimis
://wikiregistered lobbyist or agent of a foreignexception) of unpriced tickets and passes to
httpprincipal.sporting/entertainment events at the highest
price of a ticket to event with a face value.
lobbyists — Congressional Rules regulate MembersSection 251. Would amend Lobby Sec. 107. Amends LDA to expressly
and staff accepting gifts from lobbyists,Disclosure Act of 1995 (LDA) to expresslyprohibit a lobbyist or client from making
ing Disclosurebut Rules do not extend to lobbyistsprohibit a lobbyist from making a gift orany gift to a Member or employee of the
,” below)themselves, who are outside ofproviding travel to a Member or staff ofHouse knowing that such gift violates the
jurisdiction of ethics committees.Congress unless gift is permitted under theRules of the House of Representatives.
Lobbyists prohibited from offeringprovisions of the applicable Rules of theProvides fine of up to $50,000 for
“bribes,” “illegal gratuities” to MembersHouse of Representatives or of the Senate.violations.

or staff. 18 U.S.C. 201.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
fts — Travel: privateHouse Rule XXV, cl. 5(f), Senate RuleSection 107(a). Requires certification to andSection 301. Suspends permission to
ing forXXXV, cl. 2(d), now allow acceptance ofapproval from the S. Select Comm. onaccept privately financed travel in
connected”“officially connected,” “necessary” andEthics prior to Senators, officers, and staffconnection with official duties by Members
el“reasonable” travel expenses from someaccepting travel and transportation expensesand staff of House until House Committee
private sources (not lobbyists or foreignor reimbursements from a private sourceon Standards recommends Rule changes
agents) for a limited amount of time(not a governmental entity) for anyconcerning the acceptance of privately
when purpose of trip is sufficiently“officially connected” travel. Sponsor offunded, “officially connected” travel by
connected to official duties, if such traveltrip must certify in writing as to source ofJune 15, 2006. Until then, H. Comm. on
and expenses are disclosed within 30funds, that trip is not funded, planned, orStandards may preapprove such travel by
days of trip. “Necessary expenses”arranged by a registered lobbyist, and that a2/3rds vote. After that, private sources
iki/CRS-RL33326currently excludes expenses for personallobbyist will not participate or attend.must get H. Comm. on Standards to certify
g/wentertainment or recreational activities.Detailed itinerary and reporting required.that travel conforms to Rules.
leakel on privateTravel on private, corporate aircraftSection 107(b). Amends Senate Rules toSection 303. Amends LDA to prohibit
generally must be reimbursed so thatrequire reporting of travel by Senators andlobbyist or lobbying firm from being on
://wikisuch travel for official purposes will notstaff on private corporate jets (aircraft notflight with House Member or staff on a
httpbe a contribution to an “unofficial officelicensed by the FAA for commercial airprivate aircraft (aircraft not licensed by the
account” (Senate Rule XXXVIII, Housetravel), — detailing to Secretary of SenateFAA for commercial air travel) if aircraft is
Rule XXIV) or, if for personal reasons, adate, 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 notlobbyist or a lobbying firm. Does not
No specific provision on “market value,”prohibit, nor establish “market value” ofprohibit such travel on private jets
rate of reimbursement, required for suchsuch travel for purposes of reimbursement. generally, nor establish rules for the
flights under House or Senate Rules (butRequires similar reporting to the F.E.C. for“market value” of travel for purposes of
see F.E.C. regulations for reimbursementcandidate travel for campaign purposes.reimbursement.

of campaign-related travel).

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
olving door,” post-18 U.S.C. § 207(d) prohibits, for oneSection 241. Increases from 1 to 2 yearsNo further post-employment lobbying,
ployment conflicts ofyear after leaving office, “very senior”current post-employment “cooling off”“revolving door,” prohibitions. Section 201
executive branch officials from lobbying period for very senior executive branchrequires the Clerk of the House to notify
— making communications orpersonnel (Vice President, cabinet members,departing Members and staff of the current
appearances with intent to influence — and certain presidential and vice presidentialrestrictions on post-employment lobbying.

certain officials on the Executiveassistants), and for Members of Congress
Schedule within the entire executivelobbying certain personnel in former branch
branch, and all employees within one’sof Government. Also increases scope of
former agency. current 1-year “cooling off” period for senior

18 U.S.C. § 207(e) prohibits, for oneHill staff by restricting for 1 year post-

iki/CRS-RL33326year after leaving office, Members andemployment lobbying of any Member,
g/wcertain senior staff from lobbying — office, or employee of the entire House of
s.ormaking communications or appearancesCongress in which the staffer had worked
leakwith intent to influence — either House(and not merely one’s former office).
://wikiof Congress (for former Members), orSection 108. Amends current Senate Rules
httptheir former employing office (for seniorstaff).by prohibiting “senior” Senate staff(compensated at a rate of more than 75% of
Senate Rules (Rule XXXVII(9)) prohibita Member’s salary, and employed more than
all Senate employees who become60 days) who become registered lobbyists
lobbyists from lobbying their formerfrom lobbying, for one year after leaving
office for one year.office, any Member, officer or employee of

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
olving door,” post-No current provisions for legislativeSection 109. Amends Senate Rule onSection 202. Amends H. Rules to require
ployment conflicts ofbranchconflicts of interest to prohibit Members ofMembers to file with Comm. on Standards
ploymentthe Senate from arranging or negotiatinga statement that they are negotiating
otiationsprivate employment until the Member’scompensation for prospective employment
successor is elected, unless the Memberor have any arrangement for prospective
discloses to the Secretary of the Senate foremployment, if there would exist a conflict
public release details of such privateor 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
iki/CRS-RL33326or in committee concerning such conflicts.
s.or privateNo specific provisions in current law.Section 111. Amends Senate Conduct RulesSection 203. Amends House Conduct
leakployment decisionsto prohibit Members from attempting toRules to prohibit Members from attempting
influence, on the basis of partisan politicalto influence, on the basis of partisan
://wikiaffiliation, the hiring or employmentpolitical affiliation, hiring or employment
httpdecisions of a private entity by promising ordecisions of a private entity by promising or
threatening to take or withhold officialthreatening to take or withhold official
action by the Member or another.action by the Member or another.
ithNo current provisions in law or Rule.Section 110. Amends Senate Rules toNo provision.

ber’s family whorequire that a Member prohibit his or her
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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
: MembersNo specific provision in Rules.Section 232. Senate Ethics Comm. mustSection 502. Requires H. Committee on
conduct ethics training for Senate personnel,Standards to provide mandatory ethics
new Senators and staff to complete trainingtraining for House employees once per
no later than 60 days after beginning serviceCongress, and would withhold pay from
and existing staff to complete program noany 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
iki/CRS-RL33326in the Congressional Record.
s.or:No provision.No Provision.Section 701 (amendment 8). Requires H.
leakists (see alsoComm. on Standards to provide 8-hour
ing Disclosureethics training program to registered
://wikiform)lobbyists on the Code of Official Conduct
httpand disclosure rules applicable to House
Members and staff. Provides for penalties
for failure by lobbyists to take training once
per Congress.
No specific provision in Rules. No provision. Senate Ethics ManualthSection 503. Requires House Comm. on
published in 108 Congress.Standards to publish an updated Ethics
Manual within 120 days of this law, and to
update Manual every Congress thereafter.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
ommittees’No specific provision in Rules.Section 234. Requires annual reports fromNo provision.
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.
ressional pensionsMembers of Congress, like all federalNo provision.Section 601. Members would generally
employees, lose their federal pensionslose credit towards their federal pensions
(annuities) for violations of variousfor all service as a Member of Congress if
national security offenses, under so-they are convicted of bribery, acting as an
iki/CRS-RL33326called “Hiss Act.” 5 U.S.C. §§ 8311,agent of a foreign principal, or conspiracy
g/w8312.to commit such offenses or to defraud U.S.,
s.orwhen such conduct related to their official
leakduties as a Member. Allows for certain
flexibility in OPM for particular hardships
://wikifor innocent spouse and dependent children.


Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
bbying Disclosure Reform
ing of reports from2 U.S.C. §§ 1602, 1603, 1604Section 211. Requires quarterly, rather thanSection 101. Requires quarterly, rather
ists1605. Lobbying Disclosure Act of 1995semi-annual, filing by lobbyists, and adjuststhan semi-annual, filing by lobbyists, and
[LDA] requires and implements semi-the threshold and triggering amounts in theadjusts the threshold and triggering
annual reporting by covered “lobbyists.”Lobbying Disclosure Act of 1995 [LDA] toamounts in the LDA to reflect the new
reflect the new quarterly periods. quarterly periods.
thresholds2 U.S.C. § 1604. If income for mattersSection 211. Would reduce thresholds toSection 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.
iki/CRS-RL33326a client represented by a lobbying firmexceeds $5,000, or total expenses inquarterly reporting.
g/wconnection with the lobbying activities
s.orby an organization whose employees
leakengage in lobbying activities on its own
://wikibehalf exceeds $20,000, then registration
httpand disclosure are required.
2 U.S.C. § 1604. Requires a “good faithSection 211. Would reduce estimatedSection 101. Would reduce estimated
estimate” of the total amount ofexpense increments for non-grassrootsexpense 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 organizationGrassroots lobbyists would be subject to
lobbying in its own behalf, during thedisclosure ranges of less than $10,000, less
semiannual period. Expenditures may bethan $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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
2 U.S.C. § 1604. Requires registeredSection 219. Requires electronic filing bySection 102. Requires LDA registrations
lobbyists to “file a report” with Clerk oflobbyists in addition to any written, paperand 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,
iki/CRS-RL33326“Electronic Filing of Disclosure
g/wReports,” dear colleague letter, June 29,
2 U.S.C. § 1605. Instructs Clerk ofSection 213. Requires repositories ofSection 103. Requires creation and
://wikiistsHouse and Secretary of Senate to belobbying disclosure reports to create amaintenance by the Clerk and the Secretary
httprepositories and to allow publicsearchable, sortable, and downloadableof a searchable, sortable, and downloadable
inspection of lobby disclosures anddatabase of lobbyist reports anddatabase containing LDA registration and
filings.registrations, linked to campaign reportsdisclosure information, made available
filed with the F.E.C., available to the publicthrough the Internet.

within 48 hours of filing.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
andForeign Agents Registration Act (FARA)Section 221. Requires FARA registration orNo provision.
(22 U.S.C. 611 et seq.) requiresupdates to also be filed in electronic form.
nreporting, disclosure to Justice Dept. byRequires Attorney General to create a
lobbying or political “agents” of “foreignsearchable, sortable, downloadable database
principals”; does not require electronicof reports and disclosure filings, linked to
filing, nor provide for public database ofcampaign reports filed under FECA,
foreign agents.available to the public within 48 hours of
ists’ past2 U.S.C. § 1603(b)(6). Details requiredSection 214. Requires lobbyists also toSection 104. Requires lobbyists also to
iki/CRS-RL33326vernment employmentcontents of lobbyist registrationdisclose all prior executive and legislativedisclose all prior executive and legislative
g/wstatements including identitybranch employment in registrationbranch employment in registration
s.orinformation, clients, entities contributingstatements.statements for seven years prior to
leak$10,000 or more to lobbying activities,registration.

identity of certain foreign entities
://wikiinvolved, general issue areas of interest,
httpnames of employees of registrant who
will lobby.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
oalition” lobbying:2 U.S.C. § 1602. In definitions section,Section 217. Requires lobbyist-registrant toNo provision.
LDA provides that a “coalition” islist, besides “coalition” as “client,” any other
generally to be considered the “client” oforganization contributing more than $10,000
a lobbyist, and not the individualto lobbying activities of lobbyist in reporting
organizations that are members of theperiod 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,
iki/CRS-RL33326supervises, or controls the lobbying
g/wactivities. Provides that individuals who are
s.ormembers of an organization do not need to
leakbe disclosed under these provisions.
://wikiNo specific identification provision.Section 215 would amend LDA to requireNo provision.
http clientsspecific identification of a public entity that
is the client of the reporting lobbyist.
lobbyists — House and Senate Rules regulateSection 251. Would amend LDA toSec. 107. Amends LDA to expressly
Members and staff accepting gifts fromexpressly prohibit a lobbyist from making aprohibit a lobbyist or client from making
lobbyists, but Rules do not extend togift or providing travel to a Member, officerany gift to a Member or employee of the
lobbyists themselves, who are beyondor employee of Congress unless such gift isHouse knowing that such gift violates the
jurisdiction of ethics committees.permitted under the provisions of theRules of the House of Representatives.
Lobbyists prohibited from offeringapplicable Rules of the House ofProvides fine of up to $50,000.

“bribes” and “illegal gratuities” toRepresentatives or of the Senate.
Members and staff. 18 U.S.C. § 201.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
No specific reporting provision.Section 215. Lobbyists must discloseSection 105. Requires lobbyists to disclose
ists — reportingpayments for travel “in connection with theany gifts that count toward the annual gift
duties” of a covered official “provided, orlimit 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
iki/CRS-RL33326entity named for an official or to an entity in
g/wrecognition of an official, or to an entity
s.or“established, financed, maintained, or
leakcontrolled by” a covered legislative or
://wikiexecutive branch official; or to pay the costs
httpof a meeting, retreat or conference for thebenefit of a covered official, other than
campaign related items covered by the
Federal Election Campaign Act.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
No specific gift or contribution reportingSection 212. Requires registered lobbyistsSection 105a. Requires each LDA
ists — reportingrequirement of lobbyists. General FECto report annually identifying any Federalregistrant and lobbyist, and any “affiliated”
reporting requirements by recipients ofcandidate, officeholder, leadership PAC, orpolitical committee defined in FECA to
contributions, at 2 U.S.C. §§ 431 - 434.political party committee to whom adisclose any contributions made to federal
contribution of over $200 was made, or forcandidates, officeholders, leadership PACs,
whom a fund-raiser was hosted, co-hosted orpolitical 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.
iki/CRS-RL33326Section 105b. Establishes factors to be
g/wconsidered to determine the relationship
s.orbetween officials and “affiliated”
leakcommittees and other entities.
://wikiing 2 U.S.C. § 1602; 2 U.S.C. § 1604. Section 220. Would require reporting ofNo new provision.

httpCurrent law requires only reporting ofcertain paid efforts to stimulate grassroots
expenses and information on directlobbying that are done on behalf of clients.
“lobbying contacts,” and certain otherFurther defines “lobbying activities” to
“lobbying activities” in support of such“include paid efforts to stimulate grassroots
direct contacts, but does not separatelylobbying 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....”

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.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
iki/CRS-RL33326the total amount of income received for
g/wlobbying. Estimates for paid efforts to
s.orstimulate grassroots lobbying may be
leakdisclosed in increments of less than $10,000,
://wikiless than $25,000, and increments above
http$25,000, rounded to the nearest $20,000.
2 U.S.C. § 1606. Fine for violations ofSection 216. Raises penalties for knowinglySection 106. Raises penalties for
Disclosure ActLDA is up to $50,000.failing to file or other violations of theknowingly failing to file or other violations
Lobbying Disclosure Act of 1995 fromof 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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
ersight,No current explicit provision of law orSection 218. Requires semi-annual reportsNo provision.
inistration ofRule. The Committee on Housefrom the administrators of the LDA
ing DisclosureAdministration and the Senateconcerning the aggregate number of non-
Committee on Rules and Administrationcompliance referrals made to the Department
have jurisdiction over the Clerk of theof 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 someDistrict of Columbia concerning
oversight authority of LDA provisionsenforcement actions taken by that office on
the Clerk and the Secretary mustsuch referrals.
g/wingNo current provision of law or Rule.Section 231. Requires Comptroller GeneralSections 401, 402. Requires the Inspector
s.orto audit lobbying reports annually toGeneral of the House to audit LDA
leakdetermine extent of compliance with law.,disclosure information, and to refer
and to report not later than April 1 annuallypotential violations of the Act to the
://wikito Congress assessment of compliance andDepartment of Justice. The measure
httpany recommendations to improveprovides 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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
regulation ofNo current provision of law or Rule.Section 233. Expresses the sense of theNo provision.
ingSenate 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.
:No provision.No provision.Section 701 (amendment 8). Requires H.
iki/CRS-RL33326ists Comm. on Standards to provide 8-hour
g/wethics training program to registered
s.orlobbyists on the Code of Official Conduct
leakand disclosure rules applicable to House
Members and staff. Provides for penalties
://wikifor failure by lobbyists to take training once
httpper Congress.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
ngressional Operations and Procedures
Senate Rule XXVIII prohibits membersSection 102. Prohibits consideration on theNo new provision.

of-scope mattersof a conference committee (conferees)Senate floor of any conference report that
from exceeding the scope of theexceeds the scope of the differences between
differences between the House- orthe House- or Senate-passed versions of the
Senate-passed versions of the bill in abill. If a point of order under this provision
conference report. In cases in whichis sustained, the new matter is stricken and
conferees are negotiating over a bill andthe Senate considers whether to send an
a complete substitute amendment,amendment containing the remaining
iki/CRS-RL33326conferees may include in the conferenceprovisions in the conference report to the
g/wreport a new substitute on the sameHouse. A point of order may be raised
s.orsubject. While conferees may notagainst each provision in violation of this
leakinclude new matter, they may includerule, and the Senate considers the
matter which is a germane modificationamendment after all points of order have
://wikiof provisions in either the bill or thebeen disposed of. This question is debatable,
httporiginal substitute amendment. If a pointalthough no further amendments are
of order that the conference reportallowed. A 3/5 vote of all Senators is
violates this rule is sustained, therequired to waive or suspend section 102 or,
conference report falls or is recommittedon 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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
Senate Standing Rule XXVIII allows aSection 104. Prohibits consideration of aNo new provision.
over requirementsmotion to proceed to consider aconference report, unless it is available to all
conference report at any time if copies ofSenators and available on Internet for at least
the conference report are available to48 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
iki/CRS-RL33326Government Printing Office, and the Senate
g/wCommittee on Rules and Administration.
leakarksEarmarks are not currently defined inSection 103. Requires disclosure of certainSection 501. Requires disclosure of certain
law or congressional rule. As defined byearmarks and a 48-hour layover requirement.earmarks. It prohibits consideration of a
://wikisection 103 of S. 2349, earmarks haveIt prohibits consideration of any Senate bill,general appropriations bill reported by the
httpbeen included in measures, committeeSenate amendment, or conference report toHouse Committee on Appropriations unless
reports, conference reports, jointany bills (including appropriations,the committee report includes (1) a list of
explanatory statements, and committeeauthorization, and revenue bills) unlessearmarks provided in the reported bill or in
lists. A single list by bill is frequentlycertain earmark information is available tothe committee report and (2) identification
not available, instead earmarks may beall Senators, and available on the Internet forof 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 documentsThe earmark information required is (1) aprohibits consideration of a conference
generally do not include informationlist of all earmarks in the measure; (2)report for a general appropriations bill
identifying the earmark sponsor(s). identification of the Senator(s) whounless the joint explanatory statement
The Senate typically brings up a measureproposed the earmark; and (3) ancontains a list of earmarks (and
for consideration by unanimous consentexplanation of the essential governmentalRepresentatives requesting such earmarks)
or on a motion to proceed, requiring apurpose of the earmark. This section definesthat originated at the conference stage. If a

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
majority vote. If a motion to proceed isearmark as a provision that specifies thepoint of order is raised under section 501,
used, a point of order against itsidentity of a non-federal entity to receive athe chair does not rule. Instead, the House
consideration could be raised. The chairspecific amount of assistance (in the form ofconsiders the question of consideration,
would rule on the point of order,budget authority, contract authority, loanwhich is debatable for 30 minutes. A point
although the ruling would be subject toauthority, other expenditures, taxof order against consideration of a bill can
appeal. Sustaining the chair’s rulingexpenditure, or other revenue items). If aonly 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 aathe chair rules on it, although the ruling isorder against consideration of a conference
general appropriations measure, or subject to appeal. Sustaining the chair’sreport can be made against the failure to
conference report to such a bill, itruling requires a majority vote.include a complete list of earmarks. Section
iki/CRS-RL33326typically adopts a blanket waiver of any501 prohibits the House from considering a
g/wrules that might prohibit consideration ofrule or order that waives the provision
s.orthe measure or conference report. If aregarding conference reports. If a point of
leakwaiver is not adopted and a point oforder is raised that a rule or order waives
://wikiorder is raised, the Presiding Officerrules on the point of order. If the pointthe conference report provision, the Housevotes on the following question: “Shall the
httpof order is sustained, the measure orHouse 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 appropriationsresolution introduces a new earmark or new
bill refers to all 11 annual regularearmarks?” Section 501 defines earmark as
appropriations bills as well as mosta 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

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.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.
iki/CRS-RL33326 and EarmarksLobbyists and all others prohibited fromNo provision.A new section would clarify and specify
g/woffering things of value to Members andthat the prohibitions in 18 U.S.C. § 201on
s.orstaff as “bribes” or “illegal gratuities” inbribery and illegal gratuities apply to a
leakconnection with “any official act” oflegislative “earmark,” as defined in H.R.
such Members or staff; all public4975.

://wikiofficials are prohibited from accepting
httpsuch bribes or illegal gratuities. 18
U.S.C. § 201.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
tes and congressional2 U.S.C. 31 provides for an automaticProvides that any adjustment under 2 U.S.C.No new provision.
raises annual adjustment of pay for Members of31 shall not be paid to any Member of
Congress that is determined by a formulaCongress who voted for any amendment (or
using a component of the Employmentagainst the tabling of any amendment) that
Cost Index, which measures rate ofprovided that such adjustment would not be
change in private sector pay. Themade. Directs any amount not paid under
adjustment for Members automaticallythis provision be transmitted to the Treasury
takes effect unless (1) Congressfor deposit in the appropriations account
statutorily prohibits the adjustment; (2)under the subheading “Medical Services”
Congress statutorily revises theunder the heading “Veterans Health
iki/CRS-RL33326adjustment; or (3) the annual base payAdministration.”
g/wadjustment of General Schedule (GS)
s.orfederal employees is established at a rate
leakless than the scheduled increase for
://wikiMembers, in which case Members are
httppaid the lower rate.
Senate rules and precedents are silent onSection 114 would require Senators toNo provision.

“holds,” an informal device that permitssubmit written notice to the majority or
a single Senator or any number ofminority leader, as appropriate, of their
Senators to stop floor consideration ofintent to object to proceeding to a measure,
measures or matters that are available toand 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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
ileges — House Rule IV, Section 4 disallows floorSection 105. Amends the Standing Rules ofNo new provision.

er Membersprivileges to former Member who is athe Senate to withdraw privileges to the
registered lobbyist or agent of a foreignSenate floor for any former Member or
principal, has a personal interest in aofficer of the Senate (Senate Rule XXIII)
matter, or is in the employ of anyone towho is a “registered lobbyist” or an “agent of
influence the passage or defeat of anya foreign principal,” or is in the employ or
measure pending before the House orrepresents any party to influence the passage
under consideration of committees.or defeat of legislation.
On 1/31/2006, House adopted H.Res.
iki/CRS-RL33326648, amending House Rule IV to deny
g/wfloor privileges to former Members,
s.orofficers and certain staff: who are
leakregistered lobbyists or agents of a foreign
://wikiprincipal; have any direct personal or
httppecuniary interest in any legislativemeasure 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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
Commission toNone.Subtitle E, sections 261-270, establishes 10-No provision.

then Confidence inmember, bipartisan commission (chair and
ressvice-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
iki/CRS-RL33326recommendations on current congressional
g/wethics requirements and enforcement.
s.orEstablishes powers of the commission to hold
leakhearings, gather evidence, and obtain
://wiki information.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
of 527Although most 527s are consideredNo provision.Provisions of H.R. 513, 109th Congress, as
anizations’ campaign“political committees,” as defined andpassed by the House are included in H.R.
regulated by the Federal Election4975 (H.Res. 783, Section 2). Applies
Campaign Act (FECA), some are notfederal regulation to 527s involved in
currently regulated by FECA despitefederal election-related activities, but not
engaging in activity related to federalcurrently regulated by the FECA. Would
elections, arguably because theiradd political organizations operating under
communications do not expressly§ 527 of Internal Revenue Code to
iki/CRS-RL33326advocate the election or defeat of adefinition of political committee under
g/wclearly identified candidate.FECA, unless involved exclusively in state
s.orand local elections; would require political
leakcommittees (but not candidate or party
committees) making disbursements for
://wikivoter mobilization activities or public
httpcommunications 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.

Issue/ProvisionCurrent Law or RuleS. 2349, as passed by SenateH.R. 4975, as passed by House
paignCurrent law prohibits campaign fundsNo provision.Section 701. Specifies that the restriction
received by a federal candidate to beon 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.”


Additional Resources
CRS Current Legislative Issues page on Lobbying Disclosure and Ethics Reform, at
[ http://beta.crs.gov/cli/cli.aspx ? P RDS_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
CRS Report RS22209, Executive Lobbying: Statutory Controls, by Louis Fisher.
CRS Report 96-809, Lobbying Regulations on Non-Profit Organizations, by Jack H.
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.

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 ? P RDS_CLI_ITEM_ID=529] .
CRS Report RL32954, 527 Political Organizations: Legislation in the 109th
Congress, by Joseph E. Cantor and Erika Lunder.