[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
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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.