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[House Report 109-369]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-369
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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TO ELIMINATE FLOOR PRIVILEGES AND ACCESS TO MEMBER EXERCISE FACILITIES 
            FOR FORMER MEMBERS WHO ARE REGISTERED LOBBYISTS

                                _______
                                

 January 31, 2006.--Referred to the House Calendar and ordered printed

                                _______
                                

    Mr. Dreier, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 648]

    The Committee on Rules, to whom was referred the resolution 
(H. Res. 648) to eliminate floor privileges and access to 
Member exercise facilities for registered lobbyists who are 
former Members or officers of the House, report favorably 
thereon and recommend that the resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     1
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
Performance Goals and Objectives.................................     2
Congressional Budget Office Estimate.............................     2
Constitutional Authority Statement...............................     3
Exchange of Committee Correspondence.............................     3
Section-by-Section Analysis of the Legislation...................     4
Changes in the Standing Rules of the House, as Reported..........     4

                          Purpose and Summary

    H. Res. 648, eliminates floor privileges and access to 
member exercise facilities for registered lobbyists who are 
former members or officers of the House.

                  Background and Need for Legislation

    Clause 2(a)(15) of rule IV of the Rules of the House of 
Representatives for the 109th Congress (``Rules'') authorizes 
the admission of former Members, Delegates, and Resident 
Commissioners, former Parliamentarians of the House, elected 
officers, and minority officer nominees to the Hall of the 
House or the rooms leading thereto. Currently, clause 4 of rule 
IV limits this privilege when that person (1) has a ``direct 
personal or pecuniary interest in any legislative measure 
pending before the House or reported by a committee'' or (2) 
are employed by an entity for the purpose of influencing the 
legislative work of the House.
    Given the need to maintain the integrity of the House and 
its proceedings--and the need to prevent even the appearance of 
impropriety--the Committee believes that it is necessary to 
tighten the rules and regulations governing the access of 
former Members to the Floor and other exclusive facilities of 
the House.

                                Hearings

    The Committee on Rules received testimony from the 
Honorable Vic Snyder.

                        Committee Consideration

    The Committee on Rules met on January 31, 2006 in open 
session and ordered H. Res. 648 favorably reported to the House 
without amendment by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. No 
record votes were taken in conjunction with the consideration 
of this legislation. A motion by Mr. Hastings of Washington to 
report the bill to the House with a favorable recommendation 
was agreed to by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee made findings that are 
reflected in this report.

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee establishes the 
following performance related goals and objectives for this 
legislation:
    The appropriate officers and employees of the House will 
limit access to the Hall of the House and rooms leading 
thereto, as well as any exercise facility exclusively available 
for Members, officers and former Members and officers, and 
their spouses, consistent with the provisions of this 
resolution.

                  Congressional Budget Office Estimate

    The cost estimate provided by the Congressional Budget 
Office pursuant to section 402 of the Congressional Budget Act 
of 1974 was not available in time for the filing of this 
report.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional Authority of Congress to enact this legislation 
is provided by Article 1, section 5, clause 2 (relating to the 
authority of each House to determine the rules of its 
proceedings).

                  Exchange of Committee Correspondence

                          House of Representatives,
                         Committee on House Administration,
                                  Washington, DC, January 31, 2006.
Hon. David Dreier,
Chairman, Committee on Rules,
The Capitol, Washington, DC.
    Dear Chairman Dreier, Section 2 of H. Res. 648 restricts 
the access of registered lobbyists to House exercise facilities 
and accordingly falls within the jurisdiction of the Committee 
on House Administration pursuant to Rule X (which confers 
jurisdiction to this Committee over services to the House and 
administration of the House Office Buildings). The resolution 
further directs the Committee on House Administration to 
promulgate regulations to carry out the restriction.
    In recognition of the desire to move this resolution 
expeditiously, I will waive consideration of the bill by the 
Committee on House Administration. By agreeing to waive its 
consideration of the resolution, the Committee on House 
Administration does not waive its jurisdiction over the 
resolution.
    I request that you include this letter and your response in 
the Congressional Record during consideration of the 
legislation on the House floor.
    Thank you for your work on these issues and your attention 
to this matter.
            Sincerely,
                                          Vernon J. Ehlers,
                                                   Acting Chairman.
                                ------                                

                                Committee on Rules,
                                  House of Representatives,
                                  Washington, DC, January 31, 2006.
Hon. Vernon J. Ehlers,
Acting Chairman, Committee on House Administration,
Longworth House Office Building, Washington, DC.
    Dear Chairman Ehlers: Thank you for your letter regarding 
your Committee's jurisdictional interest in H. Res. 648, a 
resolution to eliminate floor privileges and access to member 
exercise facilities for former members who are registered 
lobbyists.
    I acknowledge your committee's jurisdictional interest in 
this legislation and appreciate your cooperation in moving the 
bill to the House floor expeditiously. I agree that your 
decision to forego further action on the bill will not 
prejudice the Committee on House Administration with respect to 
its jurisdictional prerogatives on this or similar legislation. 
I will include a copy of your letter and this response in the 
Committee's report on the bill and the Congressional Record 
when the legislation is considered by the House.
    Thank you again for your assistance.
            Sincerely,
                                              David Dreier,
                                                          Chairman.

             Section-by-Section Analysis of the Legislation

Section 1. Floor Privileges of Former Members and Officers

    Clause 4(a) of Rule IV currently limits the privilege of 
access to the Hall of the House granted to former Members, 
Delegates, or Resident Commissioners, former Parliamentarians 
of the House, or former elected officers of the House or former 
minority employees nominated as elected officers of the House 
in clause 2(a) when that person has a direct personal or 
pecuniary interest in pending legislation or is in the employ 
of an entity attempting to influence the consideration of a 
legislative proposal. This section amends clause 4(a) to 
clarify that former Members, Delegates, or Resident 
Commissioners, former Parliamentarians of the House, or former 
elected officers of the House or former minority employees 
nominated as elected officers of the House do not have the 
privilege of the Hall of the House when that person is a 
registered lobbyist or agent of a foreign principal. The 
amended rule also retains the current restrictions against 
access if a person has a direct personal or pecuniary interest 
in pending legislation or is in the employ of an entity 
attempting to influence the consideration of a legislative 
proposal.
    Subsection (b) authorizes the Speaker to promulgate 
regulations to exempt certain ceremonial or educational 
functions from the restrictions of the clause, such as a joint 
meeting to receive a message from a foreign head of state, a 
tour when the House is not in session, or Former Member's Day. 
The Committee expects that the Clerk of the House will assist 
the Sergeant-at-Arms in carrying out the provisions of this 
section.

Section 2. Prohibiting Access to Member Exercise Facilities for 
        Lobbyists who are Former Members or Officers

    Section 2 prohibits the House from providing access to any 
exercise facility which is made available exclusively to 
Members, former Members, officers, and former officers of the 
House of Representatives, and their spouses to any former 
Member, former officer, or spouse who is a registered lobbyist 
or an agent of a foreign principal. Further, it directs the 
Committee on House Administration to promulgate regulations to 
carry out this section.

 Changes in the Standing Rules of the House Made by the Resolution, As 
                                Reported

    In compliance with clause 3(g) of rule XIII of the Rules of 
the House of Representatives, changes in the standing rules of 
the House made by the resolution, as reported, are shown as 
follows (existing rules proposed to be omitted is enclosed in 
black brackets, new matter is printed in italic, existing law 
in which no change is proposed is shown in roman):

RULE IV--THE HALL OF THE HOUSE

           *       *       *       *       *       *       *

    4. (a) [Former Members, Delegates, and Resident 
Commissioners; former Parliamentarians of the House; and former 
elected officers and minority employees nominated as elected 
officers of the House shall be entitled to the privilege of 
admission to the Hall of the House and rooms leading thereto 
only if] A former Member, Delegate, or Resident Commissioner; a 
former Parliamentarian of the House; or a former elected 
officer of the House or former minority employee nominated as 
an elected officer of the House shall not be entitled to the 
privilege of admission to the Hall of the House and rooms 
leading thereto if he or she--
          (1) is a registered lobbyist or agent of a foreign 
        principal as those terms are defined in clause 5 of 
        rule XXV;
          [(1) they do not have] (2) has any direct personal or 
        pecuniary interest in any legislative measure pending 
        before the House or reported by a committee; [and] or 
          [(2) they are not] (3) is in the employ of, or [do 
        not represent] represents, any party or organization 
        for the purpose of influencing, directly or indirectly, 
        the passage, defeat, or amendment of any legislative 
        [measure pending before the House, reported by a 
        committee, or under consideration in any of its 
        committees or subcommittees] proposal.
    (b) The Speaker [shall] may promulgate [such] regulations 
[as may be necessary to implement this rule and to ensure its 
enforcement] that exempt ceremonial or educational functions 
from the restrictions of this clause.

                                  
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