[DOCID: f:hr441.109]
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109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-441
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 4975, LOBBYING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006
_______
April 27 (legislative day, April 26), 2006.--Referred to the House
Calendar and ordered to be printed
_______
Mr. Dreier, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 783]
The Committee on Rules, having had under consideration
House Resolution 783, by a record vote of 9 to 2, reports the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4975, the
Lobbying Accountability and Transparency Act of 2006, under a
structured rule. The rule provides one hour of general debate,
equally divided and controlled by the Majority Leader and the
Minority Leader, or their designees. The rule waives all points
of order against consideration of the bill.
The rule provides that in lieu of the amendments
recommended by the Committees on the Judiciary, Rules, and
Government Reform now printed in the bill, the amendment in the
nature of a substitute consisting of the text of the Rules
Committee Print dated April 21, 2006, modified by the amendment
printed in part A of this report, shall be considered as
adopted in the House and in the Committee of the Whole. The
rule provides that the bill, as amended, shall be considered as
an original bill for purpose of further amendment and shall be
considered as read.
The rule makes in order only those amendments printed in
part B of this report, which may be offered only in the order
printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The rule waives all points of order
against the amendments printed in part B of this report. The
rule provides one motion to recommit with or without
instructions.
The rule provides that in the engrossment of H.R. 4975, the
Clerk shall add the text of H.R. 513, as passed by the House,
as new matter at the end of H.R. 4975 and shall make
appropriate conforming changes.
The rule further provides that after the passage of H.R.
4975, it shall be in order to take from the Speaker's table S.
2349 and to consider the Senate bill in the House. The rule
waives all points of order against consideration of the Senate
bill. The rule provides that it shall be in order to strike all
after the enacting clause of the Senate bill and to insert in
lieu thereof the provisions of H.R. 4975 as passed by the
House. The rule waives all points of order against that motion.
Finally, the rule provides that if that motion is adopted and
the Senate bill, as amended, is passed, it then shall be in
order to move that the House insist on its amendment to the
Senate bill and request a conference thereon.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of 4(a) of Rules XIII, requiring a
three-day layover of a committee report, because the Committees
on the Judiciary, Rules, House Administration, and Government
Reform, did not file their reports on the bill (H. Rept. 109-
439, Parts 1-4) until Tuesday, April 25, 2006 and the House may
consider the bill as early as Thursday, April 27, 2006. The
Committee is not aware of any points of order against the bill
or amendments made in order under the rule. All other waivers
of all points of order provided in the rule are prophylactic in
nature.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 183
Date: April 26, 2006.
Measure: H.R. 4975, Lobbying Accountability and
Transparency Act of 2006.
Motion by: Mrs. Slaughter.
Summary of motion: To report an open rule.
Results: Defeated 2 to 9.
Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 184
Date: April 26, 2006.
Measure: H.R, 4975, Lobbying Accountability and
Transparency Act of 2006.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Mr. Baird,
which prohibits securities trading based on nonpublic
information relating to pending or prospective legislative
action, requires additional reporting by Members and employees
of Congress of securities transactions, and requires
registration and reporting by political intelligence firms.
Results: Defeated 2 to 9.
Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 185
Date: April 26, 2006.
Measure: H.R. 4975, Lobbying Accountability and
Transparency Act of 2006.
Motion by: Mr. McGovern.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Mr. Tom Davis
of Virginia, which would: (1) require all political appointees
and senior officials in Federal agencies and the White House to
report the contacts they have with private parties seeking to
influence official government action; (2) deem lawyers,
lobbyists and executives appointed to high-level government
positions to have a prohibited conflict of interest if they
take official actions affecting their former clients or
employers within two years of entering government; (3) restrict
activities of procurement officials as they pass between the
government and private sectors; (4) provide whistleblower
protections for national security personnel; (5) eliminate the
use of unregulated ``pseudo-classifications'' such as
``sensitive but unclassified'' or ``for official use only,''
and (6) require the Federal government to disclose its role in
funding or disseminating advertising and communications and
prohibits the expenditure of funds unauthorized propaganda.
Results: Defeated 2 to 9.
Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 186
Date: April 26, 2006.
Measure: H.R. 4975, Lobbying Accountability and
Transparency Act of 2006.
Motion by: Mr. McGovern.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Mr. Van
Hollen, which requires that a registered lobbyist must disclose
the ``solicitation and transmission'' of a campaign
contribution on behalf of a candidate. Also requires disclosure
by a registered lobbyist if he or she is a treasurer of a
campaign or a chairman of a political committee.
Results: Defeated 2 to 9.
Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 187
Date: April 26, 2006.
Measure: H.R. 4975, Lobbying Accountability and
Transparency Act of 2006.
Motion by: Mrs. Slaughter.
Summary of motion: To strike the language in the rule that
waives all points of order against the amendments made in order
under the rule.
Results: Defeated 2 to 9.
Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--
Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 188
Date: April 26, 2006.
Measure: H.R. 4975, Lobbying Accountability and
Transparency Act of 2006.
Motion by: Mr. Lincoln Diaz-Balart.
Summary of motion: To report the rule.
Results: Defeated 9 to 2.
Vote by Members: Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Putnam--Yea; Capito--Yea; Cole--Yea; Bishop--
Yea; Gingrey--Yea; Slaughter--Nay; McGovern--Nay; Dreier--Yea.
PART A--SUMMARY OF THE AMENDMENT MODIFYING THE RULES COMMITTEE PRINT OF
APRIL 21, 2006 TO BE CONSIDERED ADOPTED
Strikes Section 107 of the bill, regarding a GAO study of
employment contracts of lobbyists.
PART B--SUMMARY OF AMENDMENTS MADE IN ORDER
1. Gohmert (TX): Strikes the current section 106 and
inserts an ascending civil penalty structure for each
subsequent offense. For example, for a second offense the
offender could be subject to a fine of not more than
$250,000.00. It also adds ``corruptly and with intent to evade
the law'' to the intent element of the civil penalty. (10
minutes)
2. Castle (DE)/Gerlach (PA): Requires that lobbyists be
held liable for offering gifts that violate the gift ban. A
lobbyist who knowingly offers a gift to a U.S. Representative,
Delegate, Resident Commissioner, or their employee that is in
violation of the gift ban, would be subject to a civil fine of
up to $50,000. (10 minutes)
3. Lungren (CA)/Miller (CA)/Hastings (WA)/Berman (CA)/Cole
(OK): Modifies section 301 to place a moratorium on privately-
funded official travel unless the Committee on Standards of
Official conduct issues a certification that the gift of travel
complies with all House rules and standards of conduct. The
Committee is not permitted to issue that 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. The Committee is permitted to issue the certification
before June 15 if 2/3 of the committee vote to do so. The
Standards Committee must review public reports on privately
funded travel and consider those items in the base bill.
Section 302 is modified to direct the Committee on Standards to
report to the Committee on Rules on recommended changes to rule
XXV with respect to gifts, and consider factors similar to
those in the base bill. (10 minutes)
4. Sodrel (IN)/McGovern (MA)/Davis (KY): Amends Sec. 502 to
add a voluntary ethics training program for Members within 100
days of being sworn in to Congress. The status of the Members
completing and not completing the course within the time frame
will be posted on the website for the House Committee on
Standards of Official Conduct and in the Congressional Record.
(10 minutes)
5. Jackson-Lee (TX): Modifies the extent to which pensions
can be withheld from the spouse and family. (10 minutes)
6. Gingrey (GA): Extends the prohibition on converting
campaign dollars for personal use currently applicable to
campaign committees to Leadership PACs. Leadership PAC is
defined in this amendment as a political committee which is
directly or indirectly established, maintained, or controlled
by a candidate for Federal office or an individual holding
Federal office. (10 minutes)
7. Wolf (VA): Prohibits former ambassadors and CIA station
chiefs 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. (10 minutes)
8. Castle (DE): Requires that all registered lobbyists
complete a mandatory 8-hours of ethics training each Congress.
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 each
Congress would be subject to penalties. (10 minutes)
9. Flake (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 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. (10 minutes)
PART A--TEXT OF AMENDMENT MODIFYING THE RULES COMMITTEE PRINT OF APRIL
21, 2006 TO BE CONSIDERED ADOPTED
Strike section 107.
PART B--TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Gohmert of Texas, or
His Designee, To Be Debatable for 10 Minutes
Strike section 106 and insert the following:
SEC. 106. INCREASED PENALTY FOR FAILURE TO COMPLY WITH LOBBYING
DISCLOSURE REQUIREMENTS.
Section 7 of the Act (2 U.S.C. 1606) is amended--
(1) by striking ``Whoever'' and inserting
``(a) In General.--Whoever'';
(2) by inserting ``, corruptly, and with the intent
to evade the law'' after ``knowingly'';
(3) by striking ``knowing'';
(4) by striking ``of not more than'' and all that
follows through the end and inserting ``as provided in
subsection (b).''; and
(5) by adding at the end the following:
``(b) Penalty.--The civil fine under subsection (a) shall be
the following, depending on the extent and gravity of the
violation:
``(1) For the first offense, not more than $100,000.
``(2) For the second offense, not more than $250,000.
``(3) For the third offense, not more than $500,000.
``(4) For the fourth or any subsequent offense, not
more than $1,000,000.''.
----------
2. An Amendment To Be Offered by Representative Castle of Delaware, or
His Designee, To Be Debatable for 10 Minutes
Insert the following after section 106 and redesignate the
succeeding section accordingly:
SEC. 107. PENALTIES FOR OFFERING GIFTS.
Section 7 of the Act (2 U.S.C. 1606), as amended by section
106, is amended by adding at the end the following:
``(c) Penalties for Offering Gifts.--
``(1) In general.--Any person who is--
``(A) a lobbyist registered under this Act,
``(B) a lobbyist who is an employee of an
organization registered under this Act, or
``(C) the client of any such lobbyist or
organization,
and who offers to a covered legislative branch official
of the House of Representatives any gift, knowing that
such gift violates the rules of the House of
Representatives, shall, upon proof thereof by a
preponderance of the evidence, be subject to a civil
fine of not more than $50,000.
``(2) Definition.--In this subsection, the term
`covered legislative branch official of the House of
Representatives' means--
``(A) a Representative in, or Delegate or
Resident Commissioner to, the Congress; and
``(B) an employee of, or any other individual
functioning in the capacity of an employee of--
``(i) an individual described in
subparagraph (A);
``(ii) a committee of the House of
Representatives;
``(iii) the leadership staff of the
House of Representatives;
``(iv) a joint committee of Congress;
or
``(v) a working group or caucus
organized to provide legislative
services to individuals described in
subparagraph (A).''.
----------
3. An Amendment To Be Offered by Representative Lungren of California,
or His Designee, To Be Debatable for 10 Minutes
Section 301 is amended to read as follows:
SEC. 301 PRE-CERTIFICATION OF PRIVATELY FUNDED TRAVEL.
(a) Acceptance of Privately Funded Travel.--
Notwithstanding clause 5 of rule XXV of the Rules of
the House of Representatives, no Member, Delegate,
Resident Commissioner, officer, or employee of the
House may accept a gift of travel related to his
official duties (including any transportation, lodging,
and meals during such travel) from any private source
unless the private source first obtains a certification
in writing from the Committee on Standards of Official
Conduct that the gift of travel complies with all House
rules and standards of conduct.
(b) Review and Recommendations.--(1) The Committee on
Standards of Official Conduct may not issue any such
certification until it reports its recommendations on
changes to rule XXV to the Committee on Rules unless
two-thirds of the Members of the Committee, present and
voting in the affirmative, vote to issue such
certification. The Committee on Standards of Official
Conduct shall report its recommendations to the
Committee on Rules not later than June 15, 2006.
(2) In developing such recommendations, the Committee
on Standards of Official Conduct shall--
(A) survey public reports of registered lobbyist and
registered foreign agent-related private travel, as
well as public reports of late or inaccurate disclosure
of private travel, and
(B) consider--
(i) The ability of the current provisions of
rule XXV regarding travel to protect the House,
its Members, officers, and employees, from the
appearance of impropriety.
(ii) With respect to the allowance for
privately-funded travel contained in clause
5(b) of rule XXV--
(I) the degree to which the
privately-funded travel meets the
representational needs of the House,
its Members, officers, and employees;
(II) whether certain entities should
or should not be permitted to fund the
travel of the Members, officers, and
employees of the House, what sources of
funding may be permissible, and what
other individuals may participate in
that travel; and
(III) the adequacy of the current
system of approval and disclosure of
such travel.
Section 302 is amended to read as follows:
SEC. 302 RECOMMENDATIONS FROM THE COMMITTEE ON STANDARDS OF OFFICIAL
CONDUCT ON GIFTS.
The Committee on Standards of Official Conduct shall
report its recommendations on changes to rule XXV of
the Rules of the House of Representatives regarding the
exceptions to the limitation on the acceptance of gifts
contained in clause 5(a) of that rule to the Committee
on Rules. In developing its recommendations, the
Committee on Standards of Official Conduct shall
consider the following:
----------
4. An Amendment To Be Offered by Representative Sodrel of Indiana, or
His Designee, To Be Debatable for 10 Minutes
Amend section 502(b) to read as follows:
(b) Ethics Training for Members, Delegates, and the Resident
Commissioner.--Clause 3 of rule XI of the Rules of the House of
Representatives is amended by inserting at the end:
``(s)(1) The committee shall establish a program of regular
ethics training for Members, Delegates, and the Resident
Commissioner similar to the program established in paragraph
(r).
``(2) The committee shall publish a list of Members who have
and have not completed such ethics training within the first
one hundred calendar days after being sworn-in during each
Congress. The committee shall update this list with the names
of Members who complete the training after the deadline with
the date on which the training was completed.
``(3) Publication of the list of Members who have and have
not completed the ethics training shall be made available on
the official website of the committee and published in the
Congressional Record.''.
----------
5. An Amendment To Be Offered by Representative Jackson Lee of Texas,
or Her Designee, To Be Debatable for 10 Minutes
In subsection (o)(4)(B)(i) of section 8332 of title 5, United
States Code, as added by section 601(a) of the bill, strike ``,
but only to the extent'' and all that follows through
``circumstances''.
In subsection (l)(4)(B)(i) of section 8411 of title 5, United
States Code, as added by section 601(b) of the bill, strike ``,
but only to the extent'' and all that follows through
``circumstances''.
----------
6. An Amendment To Be Offered by Representative Gingrey of Georgia, or
His Designee, To Be Debatable for 10 Minutes
Add at the end the following:
TITLE VII--LEADERSHIP PACS
SEC. 701. RESTRICTIONS ON DISPOSITION OF FUNDS BY LEADERSHIP PACS.
(a) Restrictions.--Section 313 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 439a) is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Use of Funds by Leadership PACs.--
``(1) Uses permitted.--The funds of a leadership PAC
may be used by the leadership PAC--
``(A) for otherwise authorized expenditures
in connection with campaigns for election for
Federal office;
``(B) for charitable contributions described
in section 170(c) of the Internal Revenue Code
of 1986; or
``(C) for transfers to a national, State, or
local committee of a political party (subject
to the applicable limitations of this Act).
``(2) Leadership pac defined.--In this subsection,
the term `leadership PAC' means a political committee
which is directly or indirectly established,
maintained, or controlled by a candidate for election
for Federal office or an individual holding Federal
office but is not an authorized committee of the
candidate or individual, except that such term does not
include any political committee of a political
party.''.
(b) Conforming Amendment Regarding Conversion of Funds to
Personal Use.--Section 313(c) of such Act (2 U.S.C. 439a(c)),
as redesignated by subsection (a), is amended by inserting
after ``subsection (a)'' the following: ``or funds of a
leadership PAC described in subsection (b)''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to elections occurring after December
2006.
----------
7. An Amendment To Be Offered by Representative Wolf of Virginia, or
His Designee, To Be Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE VII--RESTRICTIONS RELATING TO AMBASSADORS AND INTELLIGENCE CHIEFS
SEC. 701. RESTRICTION ON AMBASSADOR OR INTELLIGENCE CHIEF FROM ACTING
AS AGENT OF A FOREIGN PRINCIPAL.
Section 207(f) of title 18, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
and
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) Additional restriction for ambassadors and
intelligence chiefs.--
``(A) Restriction.--In addition to any other
restriction, a person who is--
``(i) a United States Ambassador to a
foreign country, or
``(ii) the head of intelligence
activities for an element of the
intelligence community (as defined in
section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)) with
respect to a foreign country,
shall not, within 5 years after leaving such
position, act as an agent of a foreign
principal (as defined in section 1 of the
Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611)), with respect to that
foreign country.
``(B) Injunctive remedy; jurisdiction of
district court.--Whenever in the judgment of
the Attorney General any person is engaged in
or about to engage in any acts which constitute
or will constitute a violation of subparagraph
(A), or otherwise is in violation of that
subparagraph, the Attorney General may make
application to the appropriate United States
district court for an order enjoining such
acts, or for an order requiring compliance with
that subparagraph. The district court shall
have jurisdiction and authority to issue a
temporary or permanent injunction, restraining
order, or any other order that it considers
proper.''.
----------
8. An Amendment To Be Offered by Representative Castle of Delaware, or
His Designee, To Be Debatable for 10 Minutes
Add at the end of the bill the following:
TITLE VII--ETHICS TRAINING FOR LOBBYISTS
SEC. 701. ETHICS TRAINING FOR LOBBYISTS.
(a) Training Course.--During each Congress, the Committee on
Standards of Official Conduct of the House of Representatives
shall provide an 8-hour ethics training course to persons
registered as lobbyists under the Lobbying Disclosure Act of
1995.
(b) Contents of Course.--Training under subsection (a) shall
cover information on the code of conduct and disclosure
requirements applicable to Members, officers, and employees of
the House of Representatives, including rules relating to
acceptance of gifts (including travel and meals), and financial
disclosure requirements under the Ethics in Government Act of
1978.
(c) Penalties for Failure to Complete Training.--Any person
who is registered or required to register as a lobbyist under
the Lobbying Disclosure Act of 1995 and who fails to complete
the training course under subsection (a) at least once during
each Congress shall be subject to the penalties under section 7
of that Act to the same extent as a failure to comply with any
provision of that Act.
----------
9. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, To Be Debatable for 10 Minutes
Add at the end of the bill the following:
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. BRIBERY.
Section 201(a)(3) of title 18, United States Code, is amended
by inserting ``including an earmark as defined in section
501(d) of the Lobbying Accountability and Transparency Act of
2006,'' after ``controversy,''.
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