H.Res. 783: H.R. 4975 - Lobbying Accountability and Transparency Act of 2006

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 9 to 2, on Wednesday April 26, 2006. 
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS 216-207, on Thursday April 27, 2006.

MANAGERS: DREIER/SLAUGHTER

109th Congress
2nd Session

H.RES. 783

[Report No. 109-441]

 

 

H.R. 4975 - Lobbying Accountability and Transparency Act of 2006

1. Structured Rule.

2.  Provides one hour of general debate equally divided and controlled by the Majority Leader and the Minority Leader, or their designees.

3.  Waives all points of order against consideration of the bill.  

4.  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 the Rules Committee report accompanying the resolution shall be considered as adopted in the House and in the Committee of the Whole.  

5. Provides that the bill, as amended, shall be considered as the original bill for purpose of further amendment and shall be considered as read.

6.  Makes in order only those amendments printed in part B of the Rules Committee report, which may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

7.  Waives all points of order against the amendments printed in part B of the Rules Committee report.

8.  Provides one motion to recommit with or without instructions.

9.  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.

10.  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. 

11.  Waives all points of order against consideration of the Senate bill.

12.  Provides that it shall be in order to move 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. 

13.  Waives all points of order against that motion.

14.  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.

 

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 4975) to provide greater transparency with respect to lobbying activities, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the Majority Leader and the Minority Leader or their designees. After general debate the bill shall be considered for amendment under the five-minute rule. 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 the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment and shall be considered as read. Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

                  Sec. 2. In the engrossment of H.R. 4975, the Clerk shall--
                  (a) add the text of H.R. 513, as passed by the House, as new matter at the end of H.R. 4975;
                  (b) conform the title of H.R. 4975 to reflect the addition of the text of H.R. 513 to the engrossment;
                  (c) assign appropriate designations to provisions within the engrossment; and
                  (d) conform provisions for short titles within the engrossment.

                  Sec. 3. After 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. All points of order against consideration of the Senate bill are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 4975 (as engrossed pursuant to section 2 of this resolution). All points of order against that motion are waived.  If the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendment to the Senate bill and request a conference with the Senate thereon.

 

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PART A - SUMMARY OF THE AMENDMENT TO 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 A - TEXT OF THE AMENDMENT

1.) Part A

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PART B - SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER
(summaries derived from information provided by sponsors)

 

1.) Gohmert (TX) #29
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) #38
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, George (CA)/Hastings (WA)/ Berman (CA)/Cole (OK) #6
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) #47
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) #53
Modifies the extent to which pensions can be withheld from the spouse and family. (10 minutes)

6.) Gingrey (GA) #14
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) #7
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) #34
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) #17
Clarifies the application of criminal bribery and illegal gratuities statutes with regard to earmarks. Specificially, 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 offical act relating to an earmark. (10 minutes)

 

PART B - TEXT OF THE AMENDMENTS

1.)Gohmert (TX) #29

2.)Castle (DE)/Gerlach (PA) #38

3.)Lungren (CA)/Miller, George (CA)/Hastings (WA)/ Berman (CA)/Cole (OK) #6

4.) Sodrel (IN)/McGovern (MA)/Davis (KY) #47

5.)Jackson-Lee (TX) #53

6.)Gingrey (GA) #14

7.)Wolf (VA) #7

8.)Castle (DE) #34

9.)Flake (AZ) #17