crs report for congress - federation of american … 23, 2006 jack maskell legislative attorney...

Congressional Research Service ˜ The Library of Congress

CRS Report for CongressReceived through the CRS Web

Order Code RL33326

Lobbying, Ethics and Related Procedural Reforms: Comparison of Current Provisions of

S. 2349 and H.R. 4975

March 23, 2006

Jack MaskellLegislative Attorney

American Law Division

R. Eric PetersenAnalyst in American National Government

Government and Finance Division

Sandy StreeterAnalyst in American National Government

Government and Finance Division

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

H.R. 4975

Summary

This report provides a table to summarize and provide a side-by-sidecomparison of the provisions concerning lobbying, ethics, and related congressionalprocedural reforms that are currently being considered in S. 2349 and H.R. 4975,109th Congress. The table will be updated and amended regularly to reflectamendments and changes in the legislation discussed.

Primarily responsible for the coverage of the provisions concerningcongressional ethics is Jack Maskell, Legislative Attorney, American Law Division;lobbying reform is Eric Petersen, Analyst in American National Government,Government and Finance Division; and congressional procedural reform is SandyStreeter, Analyst in American National Government, Government and FinanceDivision. Assistance with the provision concerning congressional pay raises wasprovided by Ida Brudnick, Analyst in American National Government, Governmentand Finance Division, and with the campaign finance provisions relating to “527s”by Paige Whitaker, Legislative Attorney, American Law Division, and Joe Cantor,Specialist in American National Government, Government and Finance Division.

At the conclusion of the side-by-side comparison is a list of CRS Reports thatprovide further discussion and more detailed analysis of many of the issues that areaddressed in the legislation and summarized in the preceding charts.

Contents

Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975 . . . . . . . . . 2

Further Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Lobbying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Congressional Ethics Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Congressional Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Campaign Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

Lobbying, Ethics and Related ProceduralReforms: Comparison of Current Provisions

of S. 2349 and H.R. 4975

The following table provides a side-by-side summary and comparison of theprovisions of S. 2349, as amended on March 8, 2006, and H.R. 4975, as introducedon March 16, 2006, 109th Congress.

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Table 1. Comparison of Current Provisions of S. 2349 and H.R. 4975

Issue/Provision Current Law or Rule S. 2349 H.R. 4975

CONGRESSIONALETHICS REFORMS

Gifts — de minimisexception

Senate Rule XXXV, House Rule XXV,cl. 5, prohibit receipt of gifts by Membersand staff from most sources, but exempt agift of under $50 in value (if aggregategifts in one year from same source do notexceed $100).

Section 106. For Senators and staff,prohibits even de minimis gifts, that is, thoseunder $50 (including meals), from aregistered lobbyist or agent of a foreignprincipal. (Note: refreshments of “nominalvalue,” when offered “other than as part of ameal,” would appear to still be permittedunder exception at Senate Rule XXXV, cl.1(c)(22)).

Section 302. Instructs the HouseCommittee on Standards of OfficialConduct to recommend, by December15, 2006, any changes in “currentdollar limitations” under House giftrules.

Gifts — valuation No specific valuation provision in currentHouse or Senate Rules.

No provision. Section 304. Requires valuation (forpurposes of the under-$50-de minimisexception) of unpriced tickets andpasses to sporting/entertainment eventsat the highest price of a ticket to eventwith a face value.

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Gifts — Travel: privatesources paying for“officially connected”travel

House Rule XXV, cl. 5(f), Senate RuleXXXV, cl. 2(d), now allow acceptance of“officially connected,” “necessary” and“reasonable” travel expenses from someprivate sources (not lobbyists or foreignagents) for a limited amount of timewhen purpose of trip is sufficientlyconnected to official duties, if such traveland expenses are disclosed within 30days of trip. “Necessary expenses”currently excludes expenses for personalentertainment or recreational activities.

Section 107(a). Requires certification to andapproval from the Senate Select Committeeon Ethics prior to Senators, officers, oremployees accepting travel andtransportation expenses or reimbursementsfrom a private source (not a governmentalentity) for any “officially connected” travel. Sponsor of trip must certify in writing as tosource of funds. Detailed itinerary, andreporting required.

Section 301. Suspends permission toaccept any privately financed travel inconnection with official duties byMembers, officers and employees ofthe House. Section 302 instructsHouse Committee on Standards torecommend Rule changes concerningthe acceptance of privately funded,“officially connected” travel byDecember 15, 2006.

Travel on private,“corporate aircraft”

Travel on private, corporate aircraftgenerally must be reimbursed so that suchtravel for official purposes will not be acontribution to an “unofficial officeaccount” (Senate Rule XXXVIII, HouseRule XXIV), or, if for personal reasons, apersonal “gift” to Member, officer oremployee. No specific provision on“market value,” rate of reimbursement,required for such flights under House orSenate Rules (but see F.E.C. regs. forreimbursement of campaign-relatedtravel).

Section 107(b). Amends Senate Rules torequire reporting of travel by Senators andstaff on private corporate jets (aircraft notlicensed by the FAA for commercial airtravel), — detailing to Secretary of Senatedate, destination, owner or lessee of aircraft,purpose of and persons on trip. Does notprohibit, nor establish “market value” of suchtravel for purposes of reimbursement. Requires similar reporting to the F.E.C. forcandidate travel for campaign purposes.

Section 303. Amends LobbyingDisclosure Act of 1995 [LDA] toprohibit lobbyist or lobbying firm frombeing on flight with House Member orstaff on a private aircraft (aircraft notlicensed by the FAA for commercialair travel) if aircraft is owned oroperated by a client of the lobbyist of alobbying firm. Does not prohibit suchtravel on private jets generally, norestablish rules for the “market value”of travel for purposes ofreimbursement.

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“Revolving door,” post-employment conflictsof interest

18 U.S.C. § 207(d) prohibits, for one yearafter leaving office, “very senior”executive branch officials from lobbying — making communications orappearances with intent to influence — certain officials on the ExecutiveSchedule within the entire executivebranch, and all employees within one’sformer agency. 18 U.S.C. § 207(e) prohibits, for one yearafter leaving office, Members and certainsenior staff from lobbying — makingcommunications or appearances withintent to influence — either House ofCongress (for former Members), or theirformer employing office (for seniorstaff).Senate Rules (Rule XXXVII(9)) prohibitall Senate employees who becomelobbyists from lobbying their formeroffice for one year.

Section 241. Increases from 1 to 2 yearscurrent post-employment “cooling off”period for very senior executive branchpersonnel (Vice President, cabinet members,and certain presidential and vice presidentialassistants), and for Members of Congresslobbying certain personnel in former branchof Government. Also increases scope of current 1-year “cooling off” period for seniorHill staff by restricting for 1 year post-employment lobbying of any Member,office, or employee of the entire House ofCongress in which the staffer had worked(and not merely one’s former employingoffice or Member).Section 108. Amends current Senate Rulesby prohibiting “senior” Senate staff(compensated at a rate of more than 75% of aMember’s salary, and employed more than60 days) who become registered lobbyistsfrom lobbying, for one year after leavingoffice, any Member, officer or employee ofSenate.

No further post-employment lobbying,“revolving door,” prohibitions. Section 201 requires the Clerk of theHouse to notify departing Membersand staff of the current restrictions onpost-employment lobbying.

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“Revolving door,” post-employment conflictsof interest — employmentnegotiations

No current provisions for legislativebranch

Section 109. Amends Senate Rule onconflicts of interest to prohibit Members ofthe Senate from arranging or negotiatingprivate employment until the Member’ssuccessor is elected, unless the Memberdiscloses to the Secretary of the Senate forpublic release details of such privateemployment negotiations or arrangements.

Section 202. Amends House Rules torequire Members to file with Comm.on Standards a statement that they arenegotiating compensation forprospective employment or have anyarrangement for prospectiveemployment, if there would exist aconflict or appearance of a conflict ofinterest. Statement must be madewithin 5 days of negotiations, andMember should refrain from voting onpending measures in House or incommittee concerning such conflicts.

Influencing privateemployment decisions

No specific provisions in current law. Section 111. Amends the Senate Code ofConduct to prohibit Members fromattempting to influence, on the basis ofpartisan political affiliation, the hiring oremployment decisions of a private entity bypromising or threatening to take or withholdofficial action by the Member or another.

Section 203. Amends the House Codeof Official Conduct to prohibitMembers from attempting to influence,on the basis of partisan politicalaffiliation, the hiring or employmentdecisions of a private entity bypromising or threatening to take orwithhold official action by the Memberor another.

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Staff contacts withMember’s family wholobby

No current provisions in law or Rule. Section 110. Amends Senate Rules torequire that a Member prohibit his or herstaff from having “official contact” with anyof the Member’s “immediate family” whoare registered lobbyists or are retained byregistered lobbyists to influence legislation.

No provision.

Congressional pensions Members of Congress, like all federalemployees, lose their federal pensions(annuities) for violations of variousnational security offenses, under so-called “Hiss Act.” 5 U.S.C. §§ 8311,8312.

No provisions. Section 701. Members wouldgenerally lose credit towards theirfederal pensions for all service as aMember of Congress if they areconvicted of bribery, acting as an agentof a foreign principal, or conspiracy tocommit such offenses or to defraudU.S., when such conduct related totheir official duties as a Member. Allows for certain flexibility in OPMfor particular hardships for innocentspouse and dependent children

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Ethics training No specific provision in Rules. Section 232. Senate Ethics Comm. mustconduct ethics training for Senate personnel,new Senators and staff to complete trainingno later than 60 days after beginning serviceand existing staff to complete program nolater than 120 days after enactment.

Section 502. Requires H. Comm. onStandards of Official Conduct toprovide ethics training once perCongress for every Member andemployee. New employees shallreceive training not later than 30 daysafter employment. Does not makeethics training mandatory forMembers.

Publication of EthicsManual

No specific provision in Rules. SenateEthics Manual last published in 108th

Congress.

No provision. Section 503. Requires H. Comm. onStandards of Official Conduct topublish an updated Ethics Manualwithin 120 days of enactment of thisprovision, and to update Manual everyCongress thereafter.

Ethics Committees’reports

No specific provision in Rules. Section 234. Requires annual reports fromSenate Select Comm. on Ethics and the H.Comm. on Standards of Official Conduct onnumbers and disposition of all complaints ofalleged violations of rules.

No provision.

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LOBBYINGDISCLOSUREREFORM

Timing of reports fromlobbyists.

2 U.S.C. §§ 1602, 1603, 16041605. Lobbying Disclosure Act of 1995[LDA] requires and implements semi-annual reporting by covered “lobbyists.”

Section 211. Requires quarterly, rather thansemi-annual, filing by lobbyists, and adjuststhe threshold and triggering amounts in theLobbying Disclosure Act of 1995 [LDA] toreflect the new quarterly periods.

Section 101. Requires quarterly, ratherthan semi-annual, filing by lobbyists,and adjusts the threshold andtriggering amounts in the LDA toreflect the new quarterly periods.

Reporting thresholds 2 U.S.C. § 1604. If income for mattersrelated to lobbying activities on behalf ofa client represented by a lobbying firmexceeds $5,000, or total expenses inconnection with the lobbying activities byan organization whose employees engagein lobbying activities on its own behalfexceeds $20,000, then registration anddisclosure are required.

Section 211. Would reduce thresholds to$2,500 and $10,000, respectively, to reflectquarterly reporting.

Section 101. Would reduce thresholdsto $2,500 and $10,000, respectively.

Disclosure of expenses 2 U.S.C. § 1604. Requires a “good faithestimate” of the total amount oflobbying-related income from the client,or expenditures by an organizationlobbying in its own behalf, during thesemiannual period. Expenditures may beestimated at less than $10,000 or inincrements of $20,000.

Section 211. Would reduce estimatedexpense increments for non-grassrootslobbying to less than $5,000 and $10,000.Grassroots lobbyists would be subject todisclosure ranges of less than $10,000, lessthan $25,000, and increments above $25,000,rounded to the nearest $20,000.

Section 101. Would reduce estimatedexpense increments for lobbying toless than $5,000 and $10,000.

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Electronic filing 2 U.S.C. § 1604. Requires registeredlobbyists to “file a report” with Clerk ofHouse and Secretary of Senate.

Pursuant to a directive issued by thechairman of the Committee on HouseAdministration, the Clerk only acceptselectronic filing of LDA materials afterJan. 1, 2006 (Bob Ney, chairman,Committee on House Administration,“Electronic Filing of DisclosureReports,” dear colleague letter, June 29,2005.)

Section 219. Requires electronic filing bylobbyists in addition to any written, paperreports filed.

Section 102. Requires LDAregistrations and reports to be filed inelectronic form in addition to any otherform that may be required by the Clerkor the Secretary.

2 U.S.C. § 1605. Instructs Clerk ofHouse and Secretary of Senate to berepositories and to allow publicinspection of lobby disclosures andfilings.

Section 213. Requires repositories oflobbying disclosure reports to create asearchable, sortable, and downloadabledatabase of lobbyist reports and registrations,linked to campaign reports filed with theF.E.C., available to the public within 48hours of filing.

Section 103. Requires creation andmaintenance by the Clerk and theSecretary of a searchable, sortable, anddownloadable database containingLDA registration and disclosureinformation, made available throughthe Internet.

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Lobbyists’ pastGovernmentemployment

2 U.S.C. § 1603(b)(6). Details requiredcontents of lobbyist registrationstatements including identity information,clients, entities contributing $10,000 ormore to lobbying activities, identity ofcertain foreign entities involved, generalissue areas of interest, names ofemployees of registrant who will lobby.

Section 214. Requires lobbyists also todisclose all prior executive and legislativebranch employment in registrationstatements.

Section 104. Requires lobbyists alsoto disclose all prior executive andlegislative branch employment inregistration statements for seven yearsprior to registration.

“Coalition” lobbying:disclosures

2 U.S.C. § 1602. In definitions section,LDA provides that a “coalition” isgenerally to be considered the “client” ofa lobbyist, and not the individualorganizations that are members of thecoalition.

Section 217. Requires lobbyist-registrant tolist, besides “coalition” as “client,” any otherorganization contributing more than $10,000to lobbying activities of lobbyist in reportingperiod and who “participates in a substantialway in the planning supervision or control ofsuch lobbying activities.” Exemptsorganizations for which the affiliation orfunding of coalition is “publicly availableknowledge,” unless organization plans,supervises, or controls the lobbyingactivities. Provides that individuals who aremembers of an organization do not need tobe disclosed under these provisions.

No provision.

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Gifts from lobbyists —prohibition

House and Senate Rules regulateMembers and staff accepting gifts fromlobbyists, but Rules do not extend tolobbyists who are outside of purview ofethics committees. Lobbyists, and allothers, prohibited from offering “bribes”and “illegal gratuities” to Members andstaff. 18 U.S.C. § 201.

Section 251. Would amend LDA toexpressly prohibit a lobbyist from making agift or providing travel to a Member, officeror employee of Congress unless such gift ispermitted under the provisions of theapplicable Rules of the House ofRepresentatives or of the Senate.

No provision.

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Gifts, donations fromlobbyists — reporting

No specific reporting provision. Section 215. Lobbyists must disclosepayments for travel “in connection with theduties” of a covered official “provided, ordirected or arranged” for covered legislativebranch or executive branch official.Lobbyists must also provide details on anyfunds “contributed or disbursed by, orarranged by” a registrant or employeelobbyist to pay costs of event honoringcovered official; donated on behalf of anentity named for an official or to an entity inrecognition of an official, or to an entity“established, financed, maintained, orcontrolled by” a covered legislative orexecutive branch official; or to pay the costsof a meeting, retreat or conference for thebenefit of a covered official, other thancampaign related items covered by theFederal Election Campaign Act.

Section 105. Requires lobbyists todisclose any gifts that count toward theannual gift limit established by Houserules.

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Contributions fromlobbyists — reporting

No specific gift or contribution reportingrequirement of lobbyists. General FECreporting requirements by recipients ofcontributions, at 2 U.S.C. §§ 431 - 434.

Section 212. Requires registered lobbyists toreport annually identifying any Federalcandidate, officeholder, leadership PAC, orpolitical party committee to whom acontribution of over $200 was made, or forwhom a fund-raiser was hosted, co-hosted orsponsored.

Section 105a. Requires each LDAregistrant and lobbyist, and any“affiliated” political committeedefined in FECA to disclose anycontributions made to federalcandidates, officeholders, leadershipPACs, political party committees orother entity that would be subject todisclosure under FECA. Lobbyistswould also be required to disclose anygifts that count toward the annual giftlimit established by House rules.

No specific definition of “affiliated”committee in current legislativeproposals concerning their interactionswith entities that secure lobbyingservices that must be disclosed underLDA.

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“Grassroots” lobbyingdisclosure

2 U.S.C. § 1602; 2 U.S.C. § 1604. Current law requires only reporting ofexpenses and information on direct“lobbying contacts,” and certain other“lobbying activities” in support of suchdirect contacts, but does not separatelyrequire reporting of “grassroots” lobbyingexpenditures.

Section 220. Would require reporting ofcertain paid efforts to stimulate grassrootslobbying that are done on behalf of clients.Further defines “lobbying activities” to“include paid efforts to stimulate grassrootslobbying but that do not include grassrootslobbying.” Defines “paid efforts to stimulategrassroots lobbying” as “any paid attempt insupport of lobbying contacts on behalf of aclient to influence the general public orsegments thereof to contact one or morecovered official to urge those officials (orCongress) to take specific action....”Grassroots lobbying firms would be anyperson or entity “retained by one or moreclients in paid efforts to stimulate grassrootslobbying on behalf of such clients.” Requires registration by grassroots lobbyingfirms not later than 45 days after it is retainedby a client. Requires separate itemization byregistered lobbyists and registered grassrootslobbying firms of paid efforts to stimulategrassroots lobbying from the total amount ofincome received for lobbying. Estimates forpaid efforts to stimulate grassroots lobbyingmay be disclosed in increments of less than$10,000, less than $25,000, and increments

No new provision.

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Increased penalties forLobby Disclosure Actviolations

2 U.S.C. § 1606. Fine for violations ofLDA is up to $50,000.

Section 216. Raises penalties for knowinglyfailing to file or other violations of theLobbying Disclosure Act of 1995 from$50,000 fine to $100,000.

Section 106. Raises penalties forknowingly failing to file or otherviolations of the Lobbying DisclosureAct of 1995 from $50,000 fine to$100,000.

Oversight,Administration ofLobbying Disclosure

No current explicit provision of law orRule. The Committee on HouseAdministration and the Senate Committeeon Rules and Administration havejurisdiction over the Clerk of the Houseand the Secretary of the Senate,respectively, and may have someoversight authority of LDA provisions theClerk and the Secretary must implement.

Section 218. Requires semi-annual reportsfrom the administrators of the LDAconcerning the aggregate number of non-compliance referrals made to the Departmentof Justice, and requires a semi-annual reportfrom the United States Attorney for theDistrict of Columbia concerning enforcementactions taken by that office on such referrals.

No provision.

Audits of LobbyingReports

No current provision of law or Rule. Section 231. Requires Comptroller Generalto audit lobbying reports annually todetermine extent of compliance with law.,and to report not later than April 1 annuallyto Congress assessment of compliance andany recommendations to improve complianceand oversight.

Sections 401, 402. Requires theInspector General of the House to auditLDA disclosure information, and torefer potential violations of the Act tothe Department of Justice. Themeasure provides for ongoing reviewsand annual reports by the inspectorgeneral on activities carried out by theClerk of the House under LDA. 401,402

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Self regulation oflobbying

No current provision of law or Rule. Section 233. Expresses the sense of theSenate that the “lobbying community”should create standards for lobbyists, requiretraining programs for such persons, developeducational materials, standardize asuggested fee structure, and have third-partycertification program which includes ethicstraining for lobbyists.

No provision.

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CONGRESSIONALOPERATIONS ANDPROCEDURES

Conference Reports —out of scope matters

Senate Rule XXVIII prohibits membersof a conference committee (conferees)from including matter not provided in theHouse- or Senate-passed versions of bill(new matter) in a conference report. Incases in which conferees are negotiatingover a bill and a complete substituteamendment, conferees may include inconference report a new substitute on thesame subject. While conferees may notinclude new matter, they may includematter which is a germane modificationof provisions in either bill or originalsubstitute amendment. If a point of orderthat conference report violates this rule issustained, conference report falls or isrecommitted to conference committee.Chair’s ruling may be appealed,sustaining Chair’s ruling requiresmajority vote, w/quorum present.

Section 102 provides a freestandingprovision that does not explicitly or directlyamend any Senate rule. This section wouldprohibit consideration on the Senate floor ofany conference report that includes matterthat was not provided in the House- orSenate-passed versions of the bill. If a pointof order under this provision was sustained,the new matter would be stricken and theSenate would consider whether to send anamendment containing the remainingprovisions in the conference report to theHouse. More than one point of order couldbe raised, and the Senate would consider theamendment after all points of order havebeen disposed of. This question would bedebatable. No further amendments would beallowed. A 3/5 vote of all Senators would berequired to waive or suspend section 102 oroverride an appeal of the Chair’s ruling.

No new provision.

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Conference Reports —layover requirements

Senate Standing Rule XXVIII allows amotion to proceed to consider aconference report at any time if copies ofthe conference report are available toeach Senator.

Section 104 amends the Standing Rules ofthe Senate (XXVIII) to prohibitconsideration of a conference report, unlessreport is available to all Senators and available on Internet for at least 24 hoursbefore its consideration. The effective dateof this section is 60 days after enactment. Not later than this date, the Secretary of theSenate would be required to develop andestablish a website capable of meeting theabove requirement, after consulting withEnrolling Clerks of the Senate and House ofRepresentatives, the Government PrintingOffice, and the Senate Committee on Rulesand Administration.

No new provision.

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Earmarks In current practice, earmarks may beincluded in measures, committee reports,conference reports, joint explanatorystatements, and committee lists. A singlelist by bill is frequently not available,instead earmarks may be organized in adocument by agency, subject, or program. The documents generally do not includeinformation identifying the earmarksponsor(s). Senate: The Senate typically brings up ameasure by unanimous consent or on amotion to proceed, requiring a majorityvote. If a motion is used, a point of orderagainst its consideration could be raised. The chair would rule on the point oforder, although the ruling would besubject to appeal.House: Before the House considers ageneral appropriations measure,a or conference report to such a bill, ittypically adopts a blanket waiver of anyrules that might prohibit consideration ofthe measure or conference report. If awaiver is not adopted and a point of orderis raised, the Presiding Officer rules onthe point of order. If the point of order is

Section 103 adds a new Senate StandingRule, Rule XLIV, which would requiredisclosure of certain earmarks and a 24-hourlayover requirement. It would prohibitconsideration of any Senate bill, Senateamendment, or conference report to any bills(including appropriations, authorization, andrevenue bills) unless certain earmarkinformation was available to all Senators,and available on the Internet for at least 24hours, before its consideration. The requiredearmark information is: (1) a list of allearmarks in the measure, (2) identification ofthe Senator(s) that proposed the earmark, and(3) an explanation of the essentialgovernmental purpose of the earmark. Thissection defines earmark as a provision thatspecifies the identity of a non-federal entityto receive a specific amount of assistance (inthe form of budget authority, contractauthority, loan authority, other expenditures,tax expenditure, or other revenue items). If apoint of order is raised under this provision,the chair would rule on it, although the rulingwould be subject to appeal.

Section 501 would require disclosureof certain earmarks. It would prohibitconsideration of a generalappropriations bill reported by theHouse Committee on Appropriationsunless the committee report included(1) a list of earmarks provided in thereported bill or in the committee reportand (2) identification of anyRepresentative submitting a request foran earmark on the list. Section 501also would prohibit consideration of aconference report for a generalappropriations bill unless the jointexplanatory statement contained a listof earmarks (and any Representativerequesting such earmark) thatoriginated at the conference stage. Theprovision regarding conference reportswould not be subject to a waiver. If a point of order was raised under section501, the chair would not rule. Instead,the House would consider the questionof consideration, which would bedebatable for 20 minutes. This sectiondefines earmark as a provision in ameasure (committee report, conference

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Votes andcongressional pay raises

2 U.S.C. 31 provides for an automaticannual adjustment of pay for Members ofCongress that is determined by a formulausing a component of the EmploymentCost Index, which measures rate ofchange in private sector pay. Theadjustment for Members automaticallytakes effect unless (1) Congressstatutorily prohibits the adjustment; (2)Congress statutorily revises theadjustment; or (3) the annual base payadjustment of General Schedule (GS)federal employees is established at a rateless than the scheduled increase forMembers, in which case Members arepaid the lower rate.

Provides that any adjustment under 2 U.S.C.31 shall not be paid to any Member ofCongress who voted for any amendment (oragainst the tabling of any amendment) thatprovided that such adjustment would not bemade. Directs any amount not paid underthis provision be transmitted to the Treasuryfor deposit in the appropriations accountunder the subheading “Medical Services”under the heading “Veterans HealthAdministration”.

No new provision.

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Floor privileges —former Members

House Rule IV, Section 4 disallows floorprivileges to former Member who is aregistered lobbyist or agent of a foreignprincipal, has a personal interest in amatter, or is in the employ of anyone toinfluence the passage or defeat of anymeasure pending before the House orunder consideration of committees.

On 1/31/2006, House adopted H.Res.648, amending House Rule IV to denyfloor privileges to former Members,officers and certain staff: who areregistered lobbyists or agents of a foreignprincipal; have any direct personal orpecuniary interest in any legislativemeasure pending before House orreported by a committee; or are employedor represent any entity to influence thepassage, defeat, or amendment of anylegislative proposal.

Section 105. Amends the Standing Rules ofthe Senate to withdraw privileges to theSenate floor for any former Member orofficer of the Senate (Senate Rule XXIII)who is a “registered lobbyist” or an “agent ofa foreign principal,” or is in the employ orrepresents any party to influence the passageor defeat of legislation.

No new provision.

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CAMPAIGNFINANCE

Reform of “527”organizations’ campaignexpenditures

Although most 527’s are considered“political committees,” as defined andregulated by the Federal Election CampaignAct (FECA), some are not currentlyregulated by FECA despite engaging inactivity related to federal elections,arguably because their communications donot expressly advocate the election or defeatof a clearly identified candidate.

No provision. Title VI applies federal regulation to527s involved in federal election-relatedactivities, but not currently regulated bythe FECA. Virtually identical to H.R. 513(Shays-Meehan), as reported by HouseAdmin. Comm. withoutrecommendation. Would add politicalorganizations operating under § 527 ofInternal Revenue Code to definition ofpolitical committee under FECA, unlessinvolved exclusively in state and localelections; would require politicalcommittees (but not candidate or partycommittees) making disbursements forvoter mobilization activities or publiccommunications that affect both federaland non-federal elections to generally useat least 50% hard money from federalaccounts to finance such activities (butrequires that 100% of publiccommunications and voter driveactivities that refer to only federalcandidates be financed with hard moneyfrom a federal account). Would allowcontributions to non-federal accounts

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making allocations under this provisiononly by individuals and in amounts of upto $25,000 per year. In one additionalprovision not included in H.R. 513,section 604 would repeal the limitationon coordinated expenditures by politicalparties under the FECA.

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Further 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 ofSelected Measures, 109th Congress, by R. Eric Petersen.

CRS Report RL33234. Lobbying Disclosure and Ethics Proposals Related toLobbying Introduced in the 109th Congress: A Comparative Analysis, by R.Eric Petersen.

CRS Report RS22226. Summary and Analysis of Provisions of H.R. 2412, theSpecial Interest Lobbying and Ethics Accountability Act of 2005, by JackMaskell.

CRS Report RS22209. Executive Lobbying: Statutory Controls, by Louis Fisher.

CRS Report 96-809. Lobbying Regulations on Non-Profit Organizations, by JackH. Maskell.

CRS Report RS20725. Lobbyists and Interest Groups: Sources of Information, byMari-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 109thCongress, 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 ofCongress, by Jack Maskell.

CRS Report RL31126, Lobbying Congress: An Overview of Legal Provisions andCongressional Ethics Rules, by Jack Maskell.

CRS Report 97-875, “Revolving Door,” Post-Employment Laws for FederalPersonnel, by Jack Maskell.

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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 109thCongress, by Joseph E. Cantor, and Erika Lunder.

crs report for congress - federation of american … 23, 2006 jack maskell legislative attorney...

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