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# Legislative Bulletin.............................................\................May 3, 2006

**Contents:**

**Amendments to** **H.R. 4975**--- Lobbying Accountability and
Transparency Act

H.R. 4975, the Lobbying Accountability and Transparency Act (sponsored
by Rep. Dreier, R-CA), is scheduled to be considered on the House floor
today, Wednesday, May 3rd, subject to the structured rule H.Res. 783,
which the House passed last week by a vote of 216-207:
<http://clerk.house.gov/evs/2006/roll110.xml>. **The five key components
of the rule (explained further throughout this document) are:**

1.  Self-execution of the amendment in Part A.

2.  Structured consideration of nine other amendments in Part B.

3.  Provision for one motion to recommit, with or without instructions.

4.  The attachment of H.R. 513 (the Shays-Meehan campaign finance
    regulation bill regarding 527s) to H.R. 4975 [AFTER]{.underline}
    final passage of H.R. 4975.

5.  The insertion of H.R. 4975, as passed the House and with H.R. 513
    attached, into S. 2349, the Senate's lobbying reform bill, as a
    complete substitute for the Senate bill.

All amendments in Part B are debatable for 10 minutes each.
[Note]{.underline}: the summaries below, while based on what is provided
on the Rules Committee website, are perfected by RSC staff's review of
[actual amendment text]{.underline}. For a summary of the underlying
bill (H.R. 4975), see a separate RSC document.

The outcome of each amendment in Part B below is indicated in red bold.

**[RSC Staff Contact]{.underline}:** Paul Teller,
<paul.teller@mail.house.gov>

Self-execution of the amendment in Part A

Upon passage of the rule last week (H.Res. 783), the following amendment
was [automatically]{.underline} passed without further consideration or
vote:

-   Strikes Section 107 of the bill, which is as follows:

> SEC. 107. GAO STUDY OF EMPLOYMENT CONTRACTS OF LOBBYISTS.
>
> The Comptroller General of the United States shall conduct a study of
> employment contracts of lobbyists in order to determine the extent of
> contingent fee agreements, and shall report the findings of the study
> to the Committee on the Judiciary of the House of Representatives.

## Structured consideration of nine perfecting amendments in Part B

The following amendments will each be debatable today for 10 minutes and
can only be offered in the following sequence.

  -----------------------------------------------------------------------
  **1.) Gohmert (R-TX)**\
  Strikes the criminal penalties in the underlying bill and transforms
  the civil penalties in the bill to a tiered civil penalty structure.
  The first offense would bring a civil penalty of up to \$100,000;
  second offense: up to \$250,000; third offense: up to \$500,000; fourth
  offense and beyond: up to \$1 million each. The amendment also adds
  "corruptly and with intent to evade the law" to the intent element of
  the civil penalty. **FAILED 108-320**

  **2.) Castle (R-DE)/Gerlach (R-PA)**\
  Requires that lobbyists be held liable for [offering]{.underline} gifts
  that violate the gift rule. A lobbyist who knowingly
  **[offers]{.underline}** a gift to a qualified Legislative Branch
  official (Members, officers, and employees) that is in violation of the
  gift rule would be subject to a civil fine of up to \$50,000. **AGREED
  TO BY VOICE VOTE**

  **3.) Lungren (R-CA)/*Miller, George (D-CA)/*Hastings (R-WA)/ *Berman
  (D-CA)/*Cole (R-OK)**\
  Strikes the comprehensive, [permanent]{.underline} ban on accepting
  gifts of travel from private sources and replaces it with a
  [qualified]{.underline} ban. That is, no Member, officer, or employee
  of the House could accept a gift of travel related to his or her
  official duties UNLESS the private source first obtains a written
  certification from the Committee on Standards of Official that the gift
  of travel complies with all House rules and standards of conduct. The
  Committee is not permitted to issue any such certification until it
  reports its recommendations on changes to rule XXV to the Committee on
  Rules, which must occur not later than June 15, 2006. However, the
  Committee could issue a certification before June 15^th^ if two-thirds
  of the Committee vote to do so. In making its recommendations, the
  Standards Committee would have to review public reports on privately
  funded travel and consider the same factors as outlined in the
  underlying bill (section 302). **AGREED TO BY VOICE VOTE**

  **4.) Sodrel (R-IN)/*McGovern (D-MA)/*Davis (R-KY)**\
  Directs the Standards Committee to keep and publicly report a list of
  House Members who have and have not completed the voluntary ethics
  training program provided for in the underlying bill. **AGREED TO BY
  VOICE VOTE**

  **5.) *Jackson-Lee (D-TX)***\
  Makes it easier for a congressional pension lump-sum payment to be made
  to the spouse or children of any Member denied a portion of his or her
  pension under the base bill by striking: "but only to the extent that
  the application of this clause is considered necessary given the
  totality of the circumstances" from the section about determining
  whether the lump-sum is justified. **NOT OFFERED**

  **6.) Gingrey (R-GA)**\
  Prohibits the conversion of leadership PAC funds, beginning in 2007, to
  personal use (such as a home mortgage, country club membership, tuition
  payment, or other such uses listed in current law: 2 U.S.C. 439a).
  Expressly permits leadership PAC funds to be used for authorized
  federal campaign activities, certain charitable contributions, and
  transfers to a national, state, or local political party committee.
  Defines "Leadership PAC" as a political committee that is directly or
  indirectly established, maintained, or controlled by a federal
  candidate or officeholder (and excludes any political party committee
  and any authorized campaign committee of the candidate or
  officeholder). **AGREED TO BY VOICE VOTE**

  **7.) Wolf (R-VA)**\
  Prohibits former U.S. ambassadors and heads of U.S. intelligence
  elements abroad from acting as an agent of the foreign nation where
  they were stationed for five years after their service as ambassador or
  station chief is completed. Provides for the Attorney General to apply
  for injunctions against any behavior or potential behavior in violation
  of this prohibition. **NOT OFFERED**

  **8.) Castle (R-DE)**\
  Requires that all registered lobbyists complete a mandatory eight hours
  of ethics training each Congress, as directed by the Committee on
  Standards of Official Conduct. Ethics training would include the code
  of conduct and disclosure requirements applicable to Members, officers,
  and employees of the House, including rules relating to acceptance of
  gifts (including travel and meals), and financial disclosure
  requirements under the Ethics in Government Act of 1978. Any registered
  lobbyist failing to complete ethics training, an unfunded mandate, each
  Congress would be subject to penalties mirroring those in current aw
  for failing to disclose lobbying activities. **AGREED TO BY VOICE
  VOTE**

  **9.) Flake (R-AZ)**\
  Clarifies the application of criminal bribery and illegal gratuities
  statutes with regard to earmarks. Specifically, it prohibits a person
  from directly or indirectly, corruptly giving, offering, or promising
  anything of value to any public official with the intent to influence
  any official act relating to an earmark. Also it prohibits a public
  official from corruptly demanding, seeking, receiving, accepting, or
  agreeing to receive or accept anything of value in return for influence
  in the performance of an official act relating to an earmark. **AGREED
  TO BY VOICE VOTE**
  -----------------------------------------------------------------------

## The provision of a motion to recommit

The rule (H.Res. 783) provides for one motion to recommit, with or
without instructions. Although it is unknown what the Democrats will
offer as a motion to recommit, it is likely that they will offer their
amendment in the nature of a substitute, the text of which was not
available to RSC staff at press time. Here is a summary of the Democrat
substitute, as submitted by Rep. Slaughter's office to the Rules
Committee. Note: the Democrat substitute was NOT made in order under the
rule.

***Slaughter (D-NY)* #49:** [Amendment in the Nature of a
Substitute]{.underline}. Bans gifts, including meals, tickets,
entertainment and travel, from lobbyists and non-governmental
organizations that retain or employ lobbyists.  Requires Members to pay
full charter costs on corporate jets for official travel and to make
disclosures.  Adds criminal offense for taking or withholding official
action, or threatening to do so, for private employment decisions. 
Increases revolving door limitation to 2 years.  Prohibits consideration
of conference reports not available for at least 24 hours. Requires
disclosure of lobbyists' campaign contributions, fundraisers, payments
for events to honor Members, and contacts with Members. Increases civil
and criminal penalties for violations. Expands reporting to include paid
grassroots lobbying activities directed at the general public (rather
than at an organization\'s members), while protecting the privacy of
unpaid citizen lobbyists.

## The attachment of H.R. 513

The rule (H.Res. 783) provides for the automatic attachment (without
further debate or a separate vote) of H.R. 513 (the Shays-Meehan
campaign finance regulation bill regarding 527s), as it passed the House
on April 5, 2006, to the underlying lobbying reform bill (H.R. 4975)
**[AFTER]{.underline}** final passage of H.R. 4975.

To view the roll-call for H.R. 513, visit this webpage:
<http://clerk.house.gov/evs/2006/roll088.xml>.

To view the RSC Legislative Bulletin for H.R. 513, visit this webpage:
<http://www.house.gov/pence/rsc/doc/LB_040506_shaysmeehan527.doc>.

## The insertion into S. 2349

The rule (H.Res. 783) provides that, after final passage of H.R. 4975
(with H.R. 513 attached), it would be in order to take up the
Senate-passed lobbying reform bill (S. 2349, which is being held at the
desk) and motion to strike the entire Senate text and insert the entire
House-passed text into S. 2349. If S. 2349 with the House text then
passes the House, the rule would provide for a motion for the House to
insist on its amendment to the Senate bill and request a conference
thereon.

**[RSC Staff Contact]{.underline}:** Paul Teller,
<paul.teller@mail.house.gov>