Gifts and Ethics Rules: Side-by-Side Comparison of Provisions of S. 1 and H.Res. 6, 110th Congress

Gifts and Ethics Rules: Side-by-Side Comparison
of Provisions of S. 1 and H.Res. 6, 110 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
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.

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, 110 Congress
The following chart presents in summary fashion a side-by-side comparison ofth
the provisions in S. 1 and H.Res. 6, 110 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 House1
changing House Rules. 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.

Side-by-Side Comparison of Provisions of S. 1 and H.Res. 6 in the 110th Congress
Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
aluationNo specific valuation provision in Section 107. Would amend the Senate RulesSection 204. Has amended House Rules to
Senate Rules or House Rules prior tothon gifts (Rule XXXV) to provide that theprovide that the “value” of a ticket or pass
iki/CRS-RL33893the 110 value of a ticket to a sporting orentertainment event will be the face value ofto a sport or entertainment event will nowbe determined by the actual face value
g/wthe ticket. If there is no face value, then theprinted on the ticket. When there is no
s.orvalue of the most similar ticket sold to theface value on the ticket, then the value of
public (taking into consideration all features ofsuch pass or ticket will now be the highest
://wikithe ticket, including parking, food andface-value price of a ticket to the same
httprefreshments, and any special access to venueevent. 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.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
fts — de minimisSenate Rule XXXV (and House RulethSection 108. Would amend the Senate Rule onSection 203. Has amended the House Rule
XXV, cl. 5, prior to the 110 Congress),gifts (Rule XXXV) to provide that the $50 deon gifts (Rule XXV, cl. 5) to provide that
ifts from lobbyistsprohibits receipt of gifts by Membersminimis exception to the gifts rule (wherein athe de minimis exception for gifts (wherein
and staff from most sources, butgift valued at less than $50 may be accepted bya gift valued at less than $50 may be
exempts a gift of less than $50 in valueSenators and staff) does not apply to gifts fromaccepted by Members and staff) will no
(if aggregate gifts in one year froma registered lobbyist, an agent of a foreignlonger apply if the gift is from a registered
same source do not exceed $100).principal, or a private entity that retains orlobbyist, 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), toemploys registered lobbyists or foreign
iki/CRS-RL33893the general gift prohibition still generally apply,agents. (Note: other exceptions, in
g/weven to gifts from lobbyists or their clients. subparagraph (3), to the general gift
s.orSenate Rule XXXV, cl. 1(c)(1)-(23)).prohibition still generally apply, even to
leakgifts from lobbyists or their clients. H.
://wikiRule XXV, cl. 5(a)(3)(A) - (W)).
httpents atNo current provision.Section 108A. Would prohibit a Senator fromNo provision.

ention toparticipating in an event to honor that Senator
bers Paidat a national party convention if the event is
Lobbyistspaid 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.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
fts — “OfficiallyHouse Rule XXV, cl. 5(f), Senate RuleSection 109(a). Would prohibit receipt ofSection 205(a). House Rules, as of March
ravelXXXV, cl. 2(d), have allow forpayments or expenses for “officially1, 2007, will prohibit the receipt of
acceptance of “officially connected,”connected” travel from not only a lobbyist andpayments or expenses for “officially
ate funds.“necessary” and “reasonable” travelagent of a foreign principal, but also from aconnected” travel from not only a lobbyist
expenses from some private sourcesprivate entity that retains or employs registeredand agent of a foreign principal, but also “a
(not lobbyists or foreign agents) for alobbyists or foreign agents; except, if expensesprivate entity that retains or employs
limited amount of time when purpose ofare from an “individual” (not a lobbyist or anregistered lobbyists or agents of a foreign
trip is sufficiently connected to officialagent of a foreign principal), if acceptance is inprincipal,” except (1) if from a qualified
duties, if such travel and expenses areconformance with regulations of the Select“institution of higher education,” or (2)
iki/CRS-RL33893disclosed within 30 days of trip. Committee on Ethics and (1) expenses are forwhen provided for a one-day event when in
g/w“Necessary expenses” currentlyan event, meeting or fact-finding trip sponsoredconformance with regulations prescribed
s.orexcludes expenses for personalby a 501(c)(3) (charitable) organization whenby the House Committee on Standards of
leakentertainment or recreational activities.the organization has been pre-approved by theOfficial Conduct (which could include a 1
://wikiSelect Committee on Ethics, or (2) expenses areor, in some cases when necessary, a 2-
httpprovided for a one-day event (which couldinclude a 1 or, in some cases when necessary, anight stay).

2-night stay).

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
fts — “OfficiallyUnder current Senate Rules and formerSection 109(a)(7). Provides that, in addition toSection 206(a). House Rules, as of March
ravelHouse Rules, although lobbyists wereprohibiting acceptance of expenses from1, 2007, in addition to prohibiting a
nvolvementnot allowed to pay for “officiallylobbyists, foreign agents, or their privatelobbyist, foreign agent or their private
ists in travelconnected” travel, there were noclients, the Senate Rule would also prohibit theclients from financing “officially
ementsrestrictions on lobbyists traveling withacceptance of such travel expenses from anyoneconnected” travel, will prohibit a lobbyist
congressional party, or arranging for theif the trip was “planned, organized or arrangedor foreign agent from planning, organizing, or at the request of a registered lobbyist orrequesting, or arranging for such a trip, and
agent of a foreign principal,” or for trips onfrom accompanying the Member or staffer
which a lobbyist accompanies the Member oron any segment of the trip.
iki/CRS-RL33893staffer on any segment of the trip.
s.orfts — “OfficiallyUnder former Rules only staff had toSection 109(a)(7). Members, officers andSection 206(a). Members, officers and
leakravelseek and receive prior approval, inemployees must provide to Senate Selectemployees must provide to House
ertificationwriting from employing Member orCommittee on Ethics certification from sponsorCommittee on Standards certification from
://wikiapproval foroffice, before accepting “officiallyspecifying that financing and arrangements forsponsor specifying that financing and
httpately fundedconnected” travel expenses.trip conform to Senate Rules, and must receivearrangements for trip conform to House
connected”prior approval from Committee beforeRules, and must receive prior approval
elaccepting expenses for such travel.from Committee before accepting expenses
for such travel.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
fts — “OfficiallyCurrent disclosures made within 30Section 109(a)(5). Required disclosures wouldSection 209. Required disclosures will
raveldays after travel, to include dates,also have to provide a description of thenow have to be filed within 15 days of the
general itinerary, identification ofmeetings and events attended.completed travel, and are to also detail a
sponsor, specific dollar figure fordescription of the meetings and events
expenses when available (otherwise aattended.

“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
iki/CRS-RL33893connected and “would not create the
g/wappearance that the Member ... is using
s.orpublic office for private gain.”

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
fts — “OfficiallyUnder current Senate and House RulesSection 109(a)(8). The Senate SelectSection 208. The H. Com. on Standards of
ravelthere are no specific guidance orCommittee on Ethics is instructed to developOfficial Conduct is instructed to develop
guidelines concerning what are to beguidelines concerning the connection between aguidelines concerning the connection
considered “reasonable” expenses fortrip and official duties, reasonableness of anbetween a trip and official duties,
accepting “officially connected” travelamount spent by a sponsor, the relationshipreasonableness 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 thean “officially connected” purpose, and
source of funding and an event. In developingrelationship between source of funding and
these guidelines the Committee is instructed toevent. In developing guidelines
iki/CRS-RL33893take into consideration the “maximum per diemCommittee is instructed to take into
g/wrates for official Government travel publishedconsideration maximum per diem rates for
s.orannually by the General Servicesofficial Government travel published
leakAdministration, the Department of State, andannually by the GSA, the Department of
://wikithe Department of Defense.” State, and the Department of Defense.


Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
ravel onTravel on private, corporate aircraftSection 109(b). Senate gift rule is amended toSection 207. Members and staff are now
ate, “corporategenerally must be reimbursed so thatrequire reimbursement at fair market value forprohibited from using any funds, whether
such travel will not be a contribution totravel on private, noncommercial aircraft, withpersonal, campaign, or official funds, to
an “unofficial office account” (Senatethe fair market value being the pro rata share ofpay for or reimburse expenses of traveling
Rule XXXVIII, House Rule XXIV), orthe value of the normal and usual charter fareon private, corporate aircraft. Members
a personal “gift” to Member, officer oror rental charge for similar travel and aircraft. and staff traveling for personal purposes,
employee. No specific provision onMembers and staff must file a detailed reportcampaign purposes, or for purposes related
“market value,” rate of reimbursement,within 60 days after the date of the flight toto official duties, will now generally be
required for such flights under House orinclude information on date of flight,required to fly on commercially scheduled
iki/CRS-RL33893Senate Rules (but see F.E.C. regs.).destination, owner or lessee of aircraft, purposeairlines, or to charter flights from
g/wof the travel, persons on flight, and charter ratecompanies in that business.
s.orpaid for the flight.
olving Door,”All representations of Indian tribes bySection 110. Would more closely conformNo provision.

://wikiemploymentformer federal officers or employees areexemption for representing Indian tribes by
httpnow exempt from “revolving door” lawformer federal officials to current exemption
Indianat 18 U.S.C. § 207 by provisions offor representing State or local governments by
Indian Self-Determination Act, 25former 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.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
olving door,” post-Current Senate Rule, Rule XXXVII(9),Section 111. Would amend Senate RuleNo provision.

ployment conflictsprohibits all former staff who haveXXXVII to prohibit all “senior” Senate staff
become registered lobbyists or are in(paid at rate of 75% of Member’s salary) from
employ of such from lobbying theirlobbying 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.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
olving door,” post-No current provisions for legislativeSection 112. Amends Senate Rules to prohibitNo provision.

ployment conflictsbranch.Senators from negotiating or having an
arrangement for private employment until
ploymentSenator’s successor has been elected, unless
otiationsSenator 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
iki/CRS-RL33893job involves “lobbying activities,” Senator may
g/wnot negotiate or arrange employment until after
s.orsuccessor is elected. Senior staff (compensated
leakat rate of 75% of a Senator) must notify Ethics
://wikiCommittee w/in three days as to start of
httpnegotiations or arrangements for privateemployment. Staffer must recuse himself
concerning official matter creating conflict or
appearance of conflict of interest because of
negotiations or arrangements, and notify Ethics

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
ithNo current provisions in law or Rule.Section 113. Would amend Senate Rule toNo provision.
ber’s family whorequire Member to prohibit staff from having
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
iki/CRS-RL33893and employees of any office would also appear
g/wto be prohibited from having official contact
s.orwith a spouse of any Senator if that spouse is a
leakregistered lobbyist or is retained by a registered
://wikilobbyist to influence legislation.
http privateNo specific provisions in current law.Section 114. Would amend Senate RulesSection 202. Amends House Rules to
ployment decisions(Senate Rule XLIII) to prohibit a Senator fromprohibit a Member from taking or
taking or withholding, or threatening orwithholding, 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 aninfluence or to offer to influence an official
official act of another, with the intent toact of another, with the intent to influence
influence on the basis of partisan politicalon basis of partisan political affiliation an
affiliation an employment decision oremployment decision or employment
employment practice of a private entity.practice of a private entity.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
olving door,”18 U.S.C. § 207(e) prohibits, for oneSection 241. Would amend criminal law at 18No provisions.

employmentyear after leaving office, Members andU.S.C. § 207 to expand from one year to two
certain senior staff from lobbying — years the “cooling off” period on Members of
making communications or appearancesCongress, prohibiting lobbying Congress for
with intent to influence — eithertwo years after leaving office; to expand
House of Congress (for formerone-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 Senateexpand one-year cooling off restriction for
iki/CRS-RL33893employees who become lobbyists from“senior” Hill staff (paid at rate of 75% of
g/wlobbying their former office for oneMember’s salary) to prohibit lobbying entire
s.oryear.House of Congress in which they had worked,
leakrather than merely the office or committee
://wikiwhere they had worked as currently provided.
httpWould also significantly expand the activitiesof 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.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
rainingNo specific provision in Rules.Section 232. New Senators and staff required toSection 211. Training to be “offered” by
complete an ethics training program fromHouse Committee on Standards of Official
Senate Select Committee on Ethics within 60Conduct. Mandatory annual training for
days after commencing service. Existingstaff; training for Members of the House,
Members and staff serving on date ofhowever, is not mandatory. New staff to
enactment must complete the program not latertake training within 60 days of
than 120 days after enactment of law.employment.


Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
ommittees’No specific provision in Rules.Section 234. Would require House Comm. onNo provision.

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
iki/CRS-RL33893sufficient facts; number of complaints for
g/wwhich staff conducted preliminary
s.orinvestigation; number of complaints presented
leakby staff to committee with recommendations
://wikithat complaint be dismissed; number of
httpcomplaints presented by staff to committeewith 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.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
ressional PensionsMembers of Congress, like all federalSections 301-304. Amends “Hiss Act” to add toNo provision in H.Res. 6, but House
employees, lose their federal pensionscrimes “committed by a Member of Congress”passed H.R. 476 which would provide a
(annuities) for violations of variousthat would result in forfeiture of federalloss of the credit for the years served as a
national security offenses, under so-annuities those of bribery and illegal gratuitiesMember 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 violate the bribery law; or perjury orbribery 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 conspiracy371) to commit those offenses, perjury or
iki/CRS-RL33893statute concerning a conspiracy to violate thesubornation of perjury relating to those
g/wbribery law. The effective date of thisoffenses.
s.orprovision of S. 1 would be delayed until
leakJanuary 1, 2009.
://wikiing FalsificationFinancial disclosure law (Ethics inSection 401. Would increase express civil fineNo provision.

httpGovernment Act, see 5 U.S.C. app.from $10,000 to $50,000, and would provide
§§ 101 et seq.), does not have expressnew express criminal penalty for knowing and
criminal penalty, but 18 U.S.C. § 1001willful failure to file or false filing of up to one
prohibits all intentionally false oryear imprisonment.
fraudulent writings or entries to Federal
Government and provides penalty of up
to five years’ imprisonment, and
$250,000 fine.

Issue/ProvisionCurrent Senate Provision and HouseRule Prior to 110th CongressS. 1H.Res. 6
arksNo provision in current RulesSection 404. Adds a provision to the SenateSection 404(b). Amends the Code of
Rule on conflicts of interest (Senate RuleOfficial Conduct, Rule XXIII, to make it
XXXVII) to make it an ethics violation for aan ethics violation to condition the
Member to use his or her official position toinclusion of an earmark or limited tax or
“request, or otherwise aid in the progress ortariff benefit on any vote of another
passage of a congressional earmark” thatMember. Requires a Member requesting
benefits the financial or pecuniary interests ofan earmark or limited tax or tariff benefit
the Member, the Member’s spouse, theto provide a written statement identifying
Member’s immediate family, any employee ofthe member, the intended recipient, the
iki/CRS-RL33893the Member, or spouse or family member ofpurpose of such earmark or benefit, and a
g/wsuch employee. An earmark would include notcertification that the Member has no
s.oronly a defined spending item, but also afinancial interest in the matter.

leaktargeted tax deduction, exclusion, or preference
://wikifor 10 or fewer beneficiaries.