Lobbying Law and Ethics Rules Changes in the 110th Congress

Prepared for Members and Committees of Congress

Significant changes were made by Congress to the current lobbying laws, and to internal House th
and Senate rules on ethics and procedures, by the passage of S. 1, 110 Congress (P.L. 110-81, th
121 Stat. 735, September 14, 2007) and the adoption of H.Res. 6, 110 Congress. In the face of
mounting public and congressional concern over allegations and convictions of certain lobbyists
and public officials in a burgeoning “lobbying and gift” scandal, and with a recognition of
legitimate concerns over undue influence and access of certain special interests to public officials,
Congress has adopted stricter rules, regulations, and laws attempting to address these issues.
This report provides summaries of the changes made to law and congressional rule in S. 1, 110th
Congress (P.L. 110-81), and the changes adopted to internal House rules earlier in the Congress in
H.Res. 6. The statutory and internal congressional rule changes which have been adopted address
five general areas of reform: (1) broader and more detailed disclosures of lobbying activities by
paid lobbyists, and more disclosures concerning the intersection of the activities of professional
lobbyists with government policy makers; (2) more extensive restrictions on the offering and
receipt of gifts and favors for Members of Congress and their staff, including gifts of
transportation and travel expenses; (3) new restrictions addressing the so-called “revolving door,”
that is, post-government-employment “lobbying” activities by former high-level government
officials on behalf of private interests; (4) reform of the government pension provisions with
regard to Members of Congress found guilty of abusing the public trust; and (5) greater
transparency in the internal legislative process in the House and Senate, including “earmark”
disclosures and accountability.

Backgr ound ............................................................................................................................... 1
Lobbying Disclosures................................................................................................................2
“Ethics” Rule Changes Concerning Gifts, Travel, and Contacts With Lobbyists.....................6
Revolving Door, Post-Employment Provisions.......................................................................11
Cooling Off Periods...........................................................................................................11
Negotiations For Private Employment..............................................................................12
Other .......................................................................................................................... ....... 13
Congressional Pension Reform...............................................................................................14
Procedural Rules, Transparency, and Legislative Accountability...........................................15
Appendix. Effective Dates for Provisions of S. 1 (P.L. 110-81)....................................................17
Author Contact Information..........................................................................................................21

ongress has adopted several significant changes in the federal law concerning the
disclosure of lobbying activities by professional lobbyists, and in internal congressional
rules with respect to the acceptance of gifts and travel by Members of Congress and staff C

from certain outside private interests, such as lobbyists and their clients. Amendments to the
Lobbying Disclosure Act of 1995, and to internal House and Senate rules, were made in S. 1,
passed by the House on July 31, 2007, and by the Senate on August 2, 2007, and signed into law, 1
P.L. 110-81, on September 14, 2007. Additionally, changes to the internal rules of the House th2
were made previously by H.Res. 6, 110 Congress, adopted by the House on January 4, 2007.
The intent of the statutory amendments and the internal congressional rules changes was to
address the concerns over allegations and appearances of improper or undue influence of special
private interests, and their hired lobbyists, over high-ranking government officials and decision
makers. Over the last few years several instances of individual Members of Congress and of
certain high-ranking officials in the President’s Administration incurring ethics problems and/or
being involved in federal or state corruption investigations and prosecutions have been widely 3
reported in the press and have garnered significant national publicity. The unfolding of an
extensive “lobbying and gifts” scandal concerning convicted lobbyists and their provision of
privately funded travel, free meals, and entertainment to Members, congressional staff, and
certain executive branch officials, has been a continuing major news story focusing public and
congressional attention on questions of lobbying reform, gift rules, and transparency in
congressional and other governmental operations. The subject of “ethics” and “corruption” in
government may arguably have been the single most significant issue for voters in the 2006
congressional elections, with national exit polls showing that the issue of “corruption” was
“extremely important” to 42% of the voters, greater even than “terrorism” (40%), the “economy” 4
(39%), or “Iraq” (37%).
The task facing the 110th Congress was to enact legislation to help restore the confidence of the
general public in the fairness and equity of the democratic processes in government, and in the
integrity of the institution of the Congress and its Members. Any legislative “solutions” needed to
take into consideration, however, the constitutional guarantees of freedom of speech, association,
and the right to petition the government for all citizens, including those who are or who hire
“lobbyists” to represent those interests, as well as the realities of representational self-government
to prevent isolating or insulating Members of Congress from interactions with persons, groups,

1 The House approved the bill at 153 Congressional Record H9210 (daily ed. July 31, 2007), the Senate at 153
Congressional Record S10723-S10724 (daily ed. August 2, 2007), and the measure was signed into law, as P.L. 110-81
(121 Stat. 735), on September 14, 2007.
2 H.Res. 6, 153 Congressional Record H19-H38 (daily ed. January 4, 2007). Further amendments and clarifications
were adopted in H.Res. 363, 153 Congressional Record H4411-H4412 (daily ed. May 2, 2007)[use of private aircraft],
and H.Res. 437, Section 4, 153 Congressional Record H5746-H5747 (daily ed. May 24, 2007)[attendance at charitable
3Abramoff Lobbying Scandal Could Change Washington Rules, Knight Ridder Newspapers, January 10, 2006;
Abramoff Scandal Spurs Lobbying Reform,” The Christian Science Monitor, January 9, 2006; “Case Bringing New
Scrutiny To a System and a Profession,” The Washington Post, January 4, 2006, p. A1; “The Fast Rise and Steep Fall
of Jack Abramoff, How a Well-Connected Lobbyist Became the Center of a Far-Reaching Corruption Scandal,The
Washington Post, December 29, 2005, p. A1.
4 CNN.comCorruption named as key issue by voters in exit polls,” http://www.cnn.com/2006/POLITICS/11/07/

and parties representing varied public and private interests and concerns. Additionally, in the U.S.
system of government and elections, campaigns for public office are privately financed, and any
reforms enacted had to recognize the necessity and reality of having to raise large sums of
campaign funds from private citizens by any Member of Congress or other candidate seeking to
run a viable campaign for federal office.
The statute and rule changes which have been adopted address five general areas of reform: (1)
broader and more detailed disclosures of lobbying activities by paid lobbyists, and more
disclosures concerning the intersection of the activities of professional lobbyists and government
policy makers; (2) more extensive restrictions on the offering and receipt of gifts for Members of
Congress and their staff, including gifts of transportation and travel expenses; (3) new restrictions
addressing the so-called “revolving door,” that is, post-government-employment “lobbying”
activities by former high level government officials on behalf of private interests; (4) reform of
the pension provisions with regard to Members of Congress found guilty of abusing the public
trust; and (5) greater transparency in the internal legislative process in the House and Senate,
including “earmark” disclosures and accountability.
The activity of citizens joining together in an effort to influence policy makers and decision
makers in the federal government, including hiring persons to represent such interests before the
government and the public, involves expression and conduct protected by the First Amendment’s 5
guarantees of freedom of speech, association, and petition. Any “regulation” of lobbying
activities must therefore not overly or unduly interfere with such protected advocacy rights and
activities. In the area of “lobbying” activities by paid, professional lobbyists, the “regulation” of
such activity at the federal level has thus involved merely disclosure, reporting, and publicity, as 6
opposed to prohibitions, limitations, or restrictions on such conduct.
The Lobbying Disclosure Act of 1995 [LDA], which replaced an earlier 1946 law governing
lobbying disclosures, is directed at so-called “professional lobbyists,” that is, those who are 7
compensated to engage in certain lobbying activities on behalf of a client or an employer. In
addition to covering only those who are paid to lobby, the initial “triggering” provisions of the
law cover only lobbying activities which may be described as “direct” contacts and
communications with covered officials. The law’s registration requirements are not separately
triggered by “grass roots” lobbying activities. That is, an organization which engages only in
“grass roots” lobbying, regardless of the extent of “grass roots” lobbying activities, is not required
to register its members, officers, or employees who engage in such activities, and does not need 8
to report or disclose its activities or expenses under the LDA.

5 United States v. Harriss, 347 U.S. 612 (1954); United States v. Rumely, 345 U.S. 41 (1953); Eastern Railroad
Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 137-138 (1961); note generally, Eastman, Lobbying:
A Constitutionally Protected Right, American Enterprise Institute for Public Policy Research (1977), and discussion in
Browne, “The Constitutionality of Lobby Reform: Implicating Associational Privacy and the Right to Petition the
Government,” 4:2 William & Mary Bill of Rights Journal 717(1995).
6 In United States v. Harriss, the Supreme Court noted that even if disclosure of lobbying activities and clients could, in
some theoretical cases, “chill” First Amendment conduct, any such claims would be looked at on a case-by-case basis,
that is, on anas applied” challenge to the law, as opposed to finding a disclosure provision facially unconstitutional.
7 See H.Rept. 104-339, 104th Cong., 1st Sess., at 2 (1995).
8 Once an organization has met the threshold requirements fordirect lobbying and is registered, certain background

The provisions of S. 1, 110th Congress (P.L. 110-81) expand the information that must be
provided by those who qualify as professional lobbyists under the existing provisions of the LDA
of 1995 (either as an outside lobbyist who must register and list his/her clients, or as an “in-
house” lobbyist who is an employee engaging in a certain amount of lobbying on behalf of his/her 9
employer). S. 1 does not expand or amend the definition of “lobbyist,” or require additional 10
persons to register and report as “lobbyists” under the LDA of 1995, as amended.
The provisions of P.L. 110-81 (S. 1, 110th Congress) regarding disclosures by professional
lobbyists are summarized as follows:
• Quarterly Reports. Registered lobbyists will now be required to file quarterly,
instead of semi-annual, reports 20 days after the quarterly periods beginning on st
the 1 of January, April, July, and October. (Section 201(a), amending 2 U.S.C. §


• Conforming “Threshold” Amounts. The threshold amounts of time and
expenditures (or income received) relevant to “lobbying contacts” and lobbying
activities to determine if one qualifies as a “lobbyist” under the LDA are
amended (generally halved) to conform to the new quarterly, as opposed to the
former semi-annual, reporting periods. (Section 201(b)(5), (6), amending 2
U.S.C. §§ 1603(a)(3)(A)(i) and (ii), 1603(b)(3)(A) and 1603(b)(4), and 2 U.S.C.
§ 1604(c)(1) and (2)).
• Identifying State or Local Governmental Clients. In lobbying reports,
lobbyists must now specify if a client is a state or local government, department,
agency, district, or other instrumentality. (Section 202, amending 2 U.S.C. §


• Semi-Annual Reports of New and Additional Information and Activities.
Requires semi-annual reporting of new and additional information by registrants
• political committees—the names of all political committees established or
controlled by the lobbyist or registered organization
• campaign contributions—the name of each federal candidate or officeholder,
leadership PAC, or political party committee to which contributions of more
than $200 were made in the semi-annual period

activities and effortsin support of its directlobbying contacts, which may include activities which also support
other activities or communications which are not lobbying contacts, such as grass roots lobbying efforts, may need to thst
be disclosed generally aslobbying activities. 2 U.S.C. § 1602(7). Note H.Rept. 104-339, 104 Cong.,1 Sess.,
Lobbying Disclosure Act of 1995,” 13-14 (1995). The instructions of the Clerk of the House and Secretary of the
Senate also note thatCommunications excepted by Section 3(8)(B) [of the LDA of 1995]will constitute ‘lobbying
activities’ if they are in support of other communications which constitute ‘lobbying contacts.’”
9 2 U.S.C. §§ 1603(a)(1) (outside lobbyists and lobbying firms who must register and list clients), and 1603(a)(2) (in-
house employee/lobbyists who are listed in registrations as lobbyists by the employing organization or entity).
10 See current definition oflobbyist” and “lobbying contact at 2 U.S.C. § 1602(10) and (8), which were not amended
by S. 1, P.L. 110-81. The threshold amounts of time and money spent or received to qualify one as a “lobbyist” are
adjusted in S. 1 to conform to the new quarterly (rather than semi-annual) filing, but the thresholds are not otherwise
reduced or lowered to capture more persons aslobbyists (assuming pro rata expenditure of time and money, but does
have the effect of lowering by half the thresholds for minimum or sporadic lobbying efforts).

• payments for events or to entities connected with government officials—the
date, recipient, and the amount of funds disbursed (i) to pay the costs of an
event to honor or recognize a covered government official; (ii) to an entity
that is named for a covered legislative branch official, or to a person or entity
“in recognition” of such official; (iii) to an entity established, maintained, or
controlled by a covered government official, or an entity designated by such
official; (iv) to pay the costs of a meeting, conference, or other similar event
held by or in the name of one or more covered government officials, unless
the events, expenses or payments are in a campaign context such that the
funds provided are to a person required to report their receipt under the
Federal Election Campaign Act (2 U.S.C. § 434)
• payments to presidential libraries or for inaugurations—the name of each
presidential library foundation and each presidential inaugural committee to
whom contributions of $200 or more were made in the semi-annual reporting
• certifications concerning House and Senate gift rules—provide a certification
that the person or organization filing (i) “has read and is familiar with” the
rules of the House and Senate regarding gifts and travel, and (ii) had not
provided, requested or directed that a gift or travel be offered to a Member or
employee of Congress “with knowledge that the receipt of the gift would
violate” the respective House or Senate rule on gifts and travel. (Section 203,
amending and adding to 2 U.S.C. § 1604(d))
• Bundling Disclosure. Amends the Federal Election Campaign Act to require all
reporting campaign committees (and every federal “candidate” is required to
have a campaign committee) to list a separate schedule setting forth the name,
address, and employer of each person “reasonably known” to the committee to be
a registered lobbyist, a registered organization (for whom one or more employees
act as a lobbyist), or any employee of such a lobbyist or organization who
lobbies, if such person has provided two or more “bundled” campaign
contributions aggregating more than $15,000 during any semi-annual reporting
period (not counting that individual’s or the individual’s spouse’s contributions).
This information will be publicly available on the FEC website, and linked
electronically to the lobbying websites maintained by the Clerk of the House and
the Secretary of the Senate. “Bundled” campaign contributions are those that are
either forwarded by, or credited in some manner to, the registered lobbyist or
employee/lobbyist. (Section 204, amending 2 U.S.C. § 434).
• Electronic Filing. Requires the reports to be filed by registrants to be filed in
electronic form to the Clerk of the House and Secretary of the Senate, and
requires those offices to use the same software for receipt and recording of the
filings under the LDA. (Section 205, amending 2 U.S.C. § 1604 by adding
subparagraph (e)).
• Offering Gifts or Travel to Members or Employees of Congress. Places an
express prohibition in the federal lobbying law on any registered lobbyist,
organization that employs one or more lobbyists and is registered, and any
employee required to be listed as a lobbyist by a registrant, from making a gift to
a Member or staffer of Congress if the person has knowledge that the gift or

travel offered may not be accepted under the respective, applicable rules of the
House or Senate. (Section 206, amending 2 U.S.C. § 1601).
• Coalition Lobbying Disclosures. In addition to the disclosure of the client-
”coalition” in lobbying registrations, the lobbyist-registrant for a coalition must
also identify the name of any organization in the coalition which contributes at
least $5,000 in a reporting quarter and actively participates in the planning,
supervision, or control of such lobbying activities. If the organization is listed in
the coalition’s website as a member, then that organization need not also be listed
in the lobbying registration (as long as the website is disclosed by the registrant),
unless that organization “in whole or in part” plans, supervises, or controls the
coalition’s lobbying activities, and then such organization must be listed in the
registration. (Section 207, amending 2 U.S.C. § 1603(b)(3)).
• Disclosure of Past Government Employment. A registrant-lobbyist must
disclose if that person served as a covered executive branch or legislative branch
official within the past 20 years. (Section 208, amending 2 U.S.C. § 1603(b)(6)).
• Availability of Lobbying Information. The Clerk of the House and Secretary of
the Senate, to whom lobbying registrations and reports must be filed, are required
to make publicly available for free over the Internet in a searchable, sortable, and
downloadable manner, the information required in the lobbying registrations and
reports; to link this information to Federal Election Commission databases; and
to retain all records for six years. (Section 209; amending 2 U.S.C. § 1605).
• Disclosure of Non-Compliance Actions. The Clerk of the House and Secretary
of the Senate are required to publicly disclose twice a year the aggregate number
of referrals made to the U.S. Attorney for the District of Columbia for non-
compliance with the provisions of the Lobbying Disclosure Act. The Attorney
General is then required to report to the appropriate House and Senate
Committees on the aggregate number of enforcement actions taken by the
Department of Justice during the semi-annual period, and any sentences imposed,
but need not disclose information on the identity of individuals not already a
matter of public record. (Section 210; amending 2 U.S.C. § 605).
• Increased Civil and Criminal Penalties. The penalty for knowing failure to
remedy a defective filing after being notified by the Clerk of the House or
Secretary of the Senate, or other knowing failure to comply with a provision of
the Lobbying Disclosure Act, has been increased to a civil penalty of up to
$200,000. A specific criminal penalty has been added to the LDA for knowing
and corrupt failure to comply with the act of imprisonment of up to five years
and a fine in accordance with code. (Section 211, amending 2 U.S.C. § 1606).
• Electronic Filing and Database for Foreign Agents. Agents of foreign
principals who are required to register and file under the Foreign Agents
Registration Act are now required to file in electronic form with the Attorney
General, and the Attorney General is required to make publicly available for free
over the Internet in a searchable, sortable, and downloadable manner, the
information required in the registrations and reports. (Section 212, amending 22
U.S.C. §§ 612, 616).
• Annual Audit by Comptroller General. The Comptroller General of the United
States is required to audit on an annual basis compliance with the lobbying

disclosure laws through random sampling of registrations and reports, and to
report to Congress an assessment of compliance and any recommendations for
improvement in the disclosure system. (Section 213, adding section 26 to the
LDA of 1995).
The provisions of S. 1, 110th Congress (P.L. 110-81) incorporated changes to the internal rules of
both the Senate and the House. These changes were made pursuant to the express rule-making
authority of the House and Senate under Article I, Section 5, clause 2, of the Constitution; and
thus even though these rule provisions were enacted in a public law, they may be changed or
modified by each House separately by way of a simple resolution (without the concurrence of the
other body or the signature of the President).
The provisions in S. 1 regarding the Senate rules on gifts are similar in many aspects to the
internal changes made to the rules of the House in H.Res. 6, in January of 2007. The new rules of
both the House and Senate now work to restrict under-$50 gifts from lobbyists, foreign agents,
and their private clients, which had been permitted under the former rules; change the manner in
which tickets or passes to “luxury boxes” at sporting and entertainment events are valued for gift
purposes; and substantially restrict quasi-official—“officially connected”—travel of Members
and staff being paid for, arranged, or participated in by a registered lobbyist, a foreign agent, or
their clients, with certain exceptions for educational institutions (House) or other qualifying
charitable institutions (Senate), and for certain short-term conferences and events.
Concerning such “officially connected” travel, one significant change which is intended to
increase oversight and enforcement of the restrictions in the rules is that Members and staff must
now receive advance approval from the appropriate ethics committee when such travel is to be
paid for by any outside, private source. Prior to the current rules changes, receipt of expenses or
payment for such travel from lobbyists, or travel which substantially involved “recreational”
activities such as golfing, or water sports, or tennis, were already prohibited by the express
provisions of both House and Senate rules, and legitimate questions of enforcement and oversight
of those rules had been raised. Under the new rules, however, before receiving such approval for
“officially connected” travel, a Member or staff employee must now certify to the appropriate
ethics committee that the trip conforms to the requirements and strictures of the new regulations
including the limitation on a lobbyist’s involvement and participation in the trip, and assuring that
the source of funds does not come from lobbyists, or (except in very limited circumstances) their
clients. Additionally, registered lobbyists who must file periodic reports on expenditures under the
Lobbying Disclosure Act of 1995, as amended, must now also certify that they have not offered
gifts, including travel, to Members of Congress or staff that would violate the provisions of
House or Senate rules. Like any certification to an agency or department of the federal
government, such statement, if intentionally false or fraudulent, could be subject to the criminal
penalties for false statements and fraud, at 18 U.S.C. § 1001.
Changes have also been made in internal congressional rules that require a Senator or Senate
staffer to reimburse for the use of a non-commercial aircraft at the higher charter or rental rate (as
opposed to a commercial, first class rate), while the House has generally banned its Members and
staff from accepting any flights on such private aircraft. Internal congressional rules will also now

restrict official staff contact with the spouse of a Member who is a registered lobbyist and, in the
Senate, also with the immediate family of their employing Senator.
The internal congressional rule changes made by S. 1 (and the corresponding and similar changes
made earlier for the House in H.Res. 6) are as follows:
• No Under-$50 De Minimis Gifts From Lobbyists. Amends Senate rules to
eliminate the exception to the gifts restriction for (and thus prohibits) gifts of
under $50 if the gift is from a registered lobbyist, a foreign agent, or a private
entity that employs a registered lobbyist or a foreign agent. (S. 1, Section 541,
amending Senate Rule XXXV, para. 1(a)(2)). Similar changes to House rules th
were adopted in H.Res. 6, 110 Congress, so that the under-$50 exception no
longer applies to (and thus works to prohibit) even such de minimis gifts to
House Members and staff from registered lobbyists, foreign agents, or their
private clients.
• National Party Convention Events. A Member of the Senate or the House may
not participate in an event to honor the Member during the course of the national
party convention of his or her political party (other than in the capacity of the
party’s nominee for President or Vice President), if the event is paid for by a
registered lobbyist or a private client that retains or employs a registered lobbyist.
(S. 1, Section 542, amending Senate Rule XXXV, para. 1(d), and S. 1 Section

305, amending House Rule XXV(8)).

• Valuation of Tickets to Entertainment or Sporting Events. When a Senator or
a staff employee is allowed to accept an under-$50 de minimis gift from an
outside source, and the gift is in the form of a ticket or pass to a sporting event or
an entertainment venue, then the “value” of the ticket is its face value, or if it has
no face value (such as a pass to a luxury box or suite), then the value of the ticket
with the highest face value for the event will be used (unless equivalency to
another ticket with a face value can be established by the ticket holder). (S. 1,
Section 543, amending Senate Rule XXXV, para. 1(c)(1)). Similarly, under the
new rules adopted earlier by the House, the “value” of such a ticket or pass will
be the actual “face value” printed on the ticket, or when there is no face value on
the ticket, then the value of such pass or ticket will be the highest face-value
price of a ticket to the same event. (H.Res. 6, amending House Rule XXV, clause

5(a)(1)(B)( ii )) .

• Officially Connected Travel. One of the ongoing exceptions to the general
prohibition in congressional rules on the receipt of gifts from private sources has
been the permissibility of accepting from certain outside sources reimbursement
or payment of expenses for travel by a Member or staffer when that travel is in
connection with one’s official duties, when the travel is not for recreational
purposes, when the travel is limited in duration, and when the travel is not paid
for by a lobbyist. In light of allegations and findings of abuses of this exception
for ostensibly officially connected travel, whereby certain Members and staff
would allegedly engage in substantially recreational travel with lobbyists, the
internal congressional rules in the House and the Senate have been amended and

• Senate:
• (1) Donor of Travel Expenses or Payments. In addition to prohibiting a
registered lobbyist from paying for a Member’s or staffer’s expenses for
“officially connected” travel, the new provisions narrow the permissible
acceptance of expenses by prohibiting the receipt of such expenses if
provided not only by registered lobbyists or foreign agents, but also by their
clients, that is, “a private organization retaining one or more lobbyists or
foreign agents,” except that a charitable (501(c)(3)) organization may provide
such expenses if approved by the Ethics Committee. (S. 1, Section 544,
amending Senate Rule XXXV, para. 2(a)(1) and 2(a)(2)(A)(ii)).
• (2) Further Restrictions on Lobbyist Participation. In addition to the
restriction on lobbyists paying for such travel, the new provisions bar the
receipt of expenses if the trip was “planned, organized, or arranged by or at
the request of a lobbyist,” or when the lobbyist accompanies the Member on
“any segment” of an otherwise permissible one-day event, or if a lobbyist
accompanies the Member “at any point” of any other trip. (S. 1, Section 544,
new Senate Rule XXXV, paragraph 2(d)).
• (3) Duration of Travel. “Officially connected” travel, when permitted, may
be for three days for domestic travel and seven days for foreign travel, not
counting travel days (newly numbered Rule XXXV, paragraph 2(f)), unless
the expenses are provided by a private organization (including a non-
approved charitable organization) which retains at least one lobbyist or
foreign agent, and then trip may be for a one-day event only (including one
overnight). (S. 1, Section 544, adding Rule XXXV, paragraph 2(a)(2)(A)(i)).
The Senate Select Committee on Ethics may approve two overnights for
extended-distance travel. (S. 1, Section 544, adding to Rule XXXV,
paragraph 2(a)(2)(B)).
• (4) Prior Certification and Approval. Employees of the Senate have to
receive advance approval for officially connected travel from their
employing Member and, additionally, all Members and employees must
provide a “certification” of conformance of the proposed trip with the
restrictions and requirements of Senate rules, and must receive advanced
approval from the Senate Ethics Committee. (S. 1, Section 544, amending
Rule XXXV, paragraph 2(b) and adding new paragraph 2(e)).
• (5) Post-Travel Reporting. Within 30 days after the completion of any
officially connected travel, the Member or staff employee must make
disclosures of good faith estimates of expenses received, disclose a copy of
the certification now required, and must also now include a “description of
meetings and events attended.” (S. 1, Sec. 544, amending Senate Rule
XXXV, paragraph 2(c)).
• (6) Ethics Committee Guidelines on “Reasonable Expenses.” Under
congressional rules when expenses for officially connected travel are allowed
to be accepted, such expenses must be “necessary” and “reasonable.” There
are currently no specific guidelines or valuations for what “reasonable”
expenses are in relation to any specific journey. The Ethics Committee is
instructed to develop guidelines on the reasonableness of travel expenses.

• House of Representatives: The House adopted rules substantially similar to
those changes made to the Senate rules by S. 1 for “officially connected” travel,
in H.Res. 6, on January 4, 2007. The principal difference is that instead of
allowing “officially connected” travel to be compensated by any “charitable
organization,” even if it employs lobbyists, as in the Senate, the House rules
more narrowly allow such travel to be compensated by an “institution of higher
education,” even if such institution retains or employs lobbyists. The duration of
permissible trips in the House is four days for domestic and seven days for
foreign travel. Additionally, reporting and disclosures at the conclusion of a trip
must be made by Members and staff in the House 15 days after the completion of 11
the trip, as opposed to 30 days in the Senate.
• Non-Commercial Air Travel. Reimbursement by Members of Congress and
staffers had to generally be provided for flights on private, non-commercial
aircraft (such as “corporate jets”) so that such flights would not constitute
prohibited “gifts” from private sources, prohibited contributions to an “unofficial
office account,” or illegal campaign contributions (2 U.S.C. §§ 441a, 441b,

441c)). No specific reimbursement amount had been provided in Senate or House st

rules, and such flights were generally reimbursed at a 1 class commercial rate.
In the Senate, under the new rules, “fair market value” for reimbursement for
flights on such private, non-commercial airline flights is to be the pro rata share
of the normal charter fare or rental charge for similar aircraft, instead of
commercial fare. The higher reimbursement provision will not apply to aircraft
owned or leased by a Member or the Member’s immediate family. (S. 1, Section

544, adding Senate Rule XXXV, paragraph 1(c)(1)(C)(i)-(iii)). The House,

however, has substantially banned a Member or employee of the House from
taking trips on private, non-commercial aircraft, by prohibiting the
reimbursement or payment of such trips with any funds, unless the aircraft is
owned or leased by the Member personally, or by a family member. (H.Res. 6, as th
modified by H.Res. 363, 110 Congress).
• Constituent Events. In the Senate, the new Senate rules expressly permit a
Member or employee to accept an offer of “free attendance” in the Member’s
home state at a “constituent event,” which is an event sponsored by constituents,
or a group mainly of constituents, and attended by at least five of the Member’s
constituents, when the Member or staffer participates in the event as a speaker or
panel participant and when a “lobbyist” will not be in attendance. “Free
attendance” may include an “accompanying individual” where appropriate, and
includes event fees, local transportation only, meals (if under $50), refreshments,
entertainment, and instructional materials furnished to all attendees as an integral
part of the event. (S. 1, Section 545, adding to Senate Rule XXXV, paragraphs

1(c)(24) and 1(g)).

• Public Information on Travel and Disclosure. In the Senate, the Secretary of
the Senate is instructed to create a searchable, free website to post the travel
information that must be disclosed concerning “officially connected” travel. (S.
1, Section 546). In the House, the Clerk of the House is instructed to establish a

11 See guidelines, certifications, forms, and instructions for privately funded, “officially connected travel issued by the
House Committee on Standards of Official Conduct, February 20, 2007.

free, searchable website that contains the information, certifications, and
disclosures relating to “officially connected” travel, and the personal financial
disclosure reports that are required to be made under the Ethics in Government
Act of 1978 by Members. (S. 1, Section 304).
• Official Contact With Member’s Spouse or Family Who Are Lobbyists. In
the Senate, the Senate rules will now require that a Senator prohibit all staff from
having any official direct “lobbying contact” with the Member’s spouse or
Member’s immediate family if such spouse or family member is a registered
lobbyist, or is employed or retained by a registered lobbyist or an entity retaining
lobbyists. (S. 1, Section 552, adding Senate Rule XXXVII, para. 11(a)). All staff
employees are further prohibited from having any official “lobbying contact”
with a spouse of any Member of the Senate who is a registered lobbyist, or is
employed or retained by a registered lobbyist, unless the spouse was serving as a
registered lobbyist at least one year prior to the most recent election of that
Member or at least one year prior to his or her marriage to that Member. (S. 1,
Section 552, adding Senate Rule XXXVII, paragraphs 11(b) and (c)). In the
House, a Member must instruct his or her staff (including personal, committee, or
leadership offices) not to have official, direct “lobbying contacts” with that
Member’s spouse if the spouse is a lobbyist under the LDA of 1995 or is
employed or retained by a lobbyist to influence legislation. (S. 1, Section 302,
adding Rule XXV, cl. 7).
• Contractors and Members of their Firms Lobbying the House. The House
rules (Rule XXIII, cl. (18)(b), as re-numbered by H.Res. 6 and S. 1)) provide that
contractors to the House are not permitted to lobby the contracting committee or
Members or staff of that committee. The changes in S. 1 now provide that
members and employees of the firm or business of which the contractor is a
member are also prohibited from lobbying the contracting committee or
Members or staff of that committee. (S. 1, Section 303, amending House Rule
XXIII, cl.18(b)).
• Ethics Training. In the Senate, S. 1 requires Senators and staff to complete an
ethics training given by the Senate Select Committee on Ethics within 60 days of
commencement of service, or if currently serving, within 165 days after the
enactment of S. 1. (S. 1, Section 553). In the House, H.Res. 6 has amended the
rules of the House to require the House Committee on Standards of Official
Conduct to “offer” ethics training on a yearly basis to Members of the House and
staff. Only staff employees, however, and not House Members, are required to
take such ethics briefings and training. (H.Res. 6, Section 211, adding House
Rule XI, cl. 3(a)(6)(A) and (B)).
• Financial Interests in “Earmarks.” The ethics rules in the Senate and the
House have been amended to provide an express standard prohibiting Members
of Congress from introducing, and Members and staff from working towards the
passage of, an “earmark” in which they have a particular financial interest. In the
Senate, current Senate rules, at Rule XXXVII, para. 4, prohibit a Senator or
staffer from using his or her “official position to introduce or aid the progress or
passage of legislation, a principal purpose of which is to further only his
pecuniary interest, only the pecuniary interest of his immediate family, or only
the pecuniary interest of a limited class of persons or enterprises, when he, or his
immediate family, or enterprises controlled by them, are members of the affected

class.” S. 1 will now apply this restriction expressly to “earmarks,” that is,
“congressionally directed spending items, limited tax benefits, or limited tariff
benefits.” (S. 1, Section 521, adding new Senate Rule XLIV, para. 9). In the
House, the Code of Official Conduct within House rules was amended to prohibit
certain “logrolling” with respect to “earmarks,” that is, to prohibit the
conditioning of the inclusion of an earmark “on any vote cast by another
Member,” (H.Res. 6, Section 404(b), adding new House Rule XXIII, cl.16), and
by requiring a certification for any earmark request to the chairman and ranking
minority member of the committee of jurisdiction including the name, recipient,
and purpose of the earmark, and a statement that the Member “has no financial
interest” in the earmark. (H.Res. 6, Section 404(b), adding new House Rule 12
XXIII, cl.17).
Current provisions of federal law, at 18 U.S.C. § 207, restrict certain high-level officers and
employees of the federal government from engaging in particular representational activity on
behalf of private parties before the government for a period of time after leaving federal service.
Known commonly as “revolving door” provisions, these restrictions, in addition to prohibiting all
“switching sides” on a narrow range of particular matters involving identified parties, put into
place a more general, so-called “cooling off” period for one year, whereby top officials may not
“lobby” or make communications with intent to influence someone in their former department or
agency. In the case of “very senior” officials, such officials (including the Vice President and
cabinet members) had been prohibited for one year from lobbying other high-level officials in the
entire branch of government that they left. Members of Congress had been prohibited for one year
after leaving service from lobbying anyone in their former House of Congress, and under S. 1 that
one-year ban will be extended to two years for Senators, but the restriction will remain the same
for House Members and employees. Under the provisions of S. 1, the following changes were
made regarding post-employment conflicts of interest:
• Senators and “Very Senior” Executive Officials. United States Senators and
“very senior” officials in the executive branch (substantially, the Vice President,
cabinet level officials, and certain top white House aides), will have the one-year
“cooling off” period extended to two-years. (S. 1, Section 101, amending 18
U.S.C. § 207(d)(1) and 207(e)(1)).
• “Senior” Senate Staff. “Senior” Senate employees (those compensated for 60
days at a rate of 75% or more of a Member’s salary) will now be prohibited for
one year after leaving office from making communications, with intent to
influence, to any Senator or officer or employee of the Senate (S. 1, Section 101,
amending 18 U.S.C. § 207(e)(2)), as opposed to restricting such communications
only to their former employing office.

12 See Memorandum from the House Committee on Standards of Official Conduct, “Financial Interests Under the New
Earmark Rule, March 27, 2007.

• “Senior” Senate Staff—Senate Rule. Senate Rule XXXVII, para. 9, is amended
to conform with the statutory restriction to prohibit “senior” Senate staff, for one
year after leaving employment, from lobbying all Senators and Senate staff, if
such former senior employee becomes a registered lobbyist or is employed by
registered lobbyists or by organizations retaining registered lobbyists, to
influence legislation. (S. 1, Section 531(b)).
• All Senate Staff—Senate Rule. Senate Rule XXXVII, para. 9, is amended to
prohibit any Senate staff employee, for one-year after leaving employment, from
lobbying the Member or committee for whom he or she worked, if the employee
becomes a registered lobbyist or is employed by registered lobbyists or
organizations retaining registered lobbyists, to influence legislation. (S. 1,
Section 531(b)).
• Exception for Representing Indian Tribes. The exception to the post-
employment laws for representing Indian Tribes (in the Indian Self-
Determination Act) is narrowed to conform more closely to the current law
exceptions for representing state and local governments, that is, when carrying
out official duties as an employee or an elected or appointed official of the tribal
organization, a former officer or employee of the United States may do so
without regard to the prohibitions in 18 U.S.C. § 207.
• Notification. Members and employees of Congress who leave their offices and
positions, and who are covered by the post-employment, “revolving door” law
are to be notified of the beginning and ending dates of the prohibitions that apply.
(S. 1, Section 103, and for Senate, see also Section 535).
• House Members. Members of the House are prohibited from having
negotiations or agreements for future private employment until their successor is
elected, unless the Member, within three business days after the commencement
of these negotiations or agreement, files a statement disclosing the names of the
entity or entities involved in such negotiations or agreements, and the dates such
negotiations commenced. These Members must recuse themselves from any
matter in which there is a “conflict of interest or appearance of a conflict for that
Member,” must notify the Committee on Standards of Official Conduct of the
recusal, and then must submit for public disclosure the statement of disclosure of
the negotiations or arrangements that had been filed under the requirements of
this rule. (S. 1, Section 301, adding new, renumbered House Rule XXVII, cl. 1
and 4).
• House Employees. Senior officers or employees of the House (those earning in
excess of 75% of a Member’s salary) shall notify the Committee on Standards of
Official Conduct (within three business days after the commencement of
negotiations or agreement) that such employee is negotiating or has any
agreement for future employment or compensation. An employee to whom this
rule applies must also recuse himself or herself from any matter in which there is
a “conflict of interest or appearance of a conflict for that” employee. (S. 1,
Section 301, adding new, renumbered House Rule XVII, cl. 2 and 3).

• Senators. Senators are prohibited from having negotiations or agreements for
future private employment until their successor is elected, unless the Senator,
within three business days after the commencement of these negotiations or
agreement, files a statement for public disclosure regarding these negotiations
and arrangements and including the names of the entity or entities involved in
such negotiations or agreements, and the dates such negotiations commenced.
Senators may not, however, negotiate or have an arrangement for prospective
employment if the job involves “lobbying activities” (as defined by the LDA of
1995) until after his or her successor has been elected. (S. 1, Section 532, adding
new, renumbered Senate Rule XXXVII, para. 12(a) and (b)).
• Senate Employees. “Senior” Senate staff (compensated at a rate of 75% of a
Senator’s salary) are required to notify within three business days the Senate
Select Committee on Ethics that they are negotiating or have arrangements for
private employment, and then must recuse themselves from communicating with
that prospective private employer on official matters and from working on
legislation where there is a conflict or an appearance of a conflict of interest (and
to notify Ethics Committee of any such recusal). (S. 1, Section 532, adding new,
renumbered Senate Rule XXXVII, para. 12(c)).
• Floor Access for Former Members Who are Lobbyists. The provisions of S. 1
restrict the privileges of former Members to the floor of the Senate, and Senate
athletic facilities and member-only parking, if the former Member is a registered
lobbyist or agent of a foreign principal, or is in the employ of or represents any
party for the purpose of influencing legislation. (S. 1, Section 533, amending
Senate Rule XXIII). The House rules have already restricted the privileges for
former Members to the House floor, in House Rule IV, cl. 4, as amended by
H.Res. 648 (February 1, 2006). H.Res. 6, Section 511(c) (January 4, 2007) added
the restriction to access to the exercise facilities for former Members who are
registered lobbyists or foreign agents.
• Influencing Private Employment Decisions on the Basis of Partisan
Affiliation. Although not specifically directed at post-employment activities of
former Members, there had been raised allegations that the hiring of some former
Members and staff (as well as others) by lobbying firms was being influenced, or
attempted to be influenced, by current Members of Congress on the basis of the
partisan political affiliation of the prospective employee or partner. There existed
no specific federal provision regarding this particular conduct; but depending on
the specific facts and what was promised, threatened, or received in the particular
situation, the general statutory laws against bribery (18 U.S.C. § 201(b)), illegal
gratuities (18 U.S.C. § 201(b)), and “honest services” fraud (18 U.S.C. §§ 1341,
1343, 1346), do prohibit certain exchanges of official acts/influence for things of
value, even things of value that would be directed at third parties (i.e., the
prospective employee). The provisions of S. 1 now create a specific federal crime
to expressly prohibit a Member or employee of Congress from taking or
withholding official action, or threatening or offering to take official action, or
from influencing or threatening or offering to influence an official act of another,
in an attempt to influence, solely on the basis of partisan political affiliation, an
employment practice or decision of a private entity. (S. 1, Section 102, adding 18

U.S.C. § 227). In addition to the statute, the House has adopted a rule with
similar prohibitions. (H.Res. 6, Section 202, House Rule XXIII(14)), as has the
Senate (S. 1, Section 534, amending Senate Rule XLIII, para. 6).
Under the so-called “Hiss Act,” Members of Congress, in a similar manner as most other officers
and employees of the federal government, would forfeit the federal retirement annuities for which
they had qualified if convicted of a federal crime which relates to espionage, treason, or other 13
national security offense against the United States. The existing federal law, at 5 U.S.C. § 8312,
provides for application of this additional penalty upon conviction for such offenses as, for
example, disclosure of classified information, espionage, sabotage, treason, misprision of treason,
rebellion or insurrection, seditious conspiracy, harboring or concealing persons, gathering or
transmitting defense information, and perjury in relation to those and other designated national
security offenses.
Under the provisions of P.L. 110-81 (S. 1, 110th Congress) the offenses for which Members of
Congress may forfeit their pension annuities for congressional service is expanded to cover
convictions for a number of other laws that bear upon abuse of the public trust and public
corruption in office. Section 401 of P.L. 110-81 amends the provisions of the Civil Service
Retirement System (CSRS), and the Federal Employee Retirement System (FERS), to provide
that a Member of Congress will not receive “creditable service” towards his or her federal
pension for any time of service as a Member of Congress if convicted for conduct (which
occurred while the individual was a Member of Congress) that violated any of the following anti-
corruption provisions of federal criminal law:
• bribery and illegal gratuities (18 U.S.C. § 201);
• acting as an agent of a foreign principal (18 U.S.C. § 219);
• wire fraud, including a scheme to defraud the public of the “honest services” of a
public official (18 U..C. §§ 1343, 1346);
• bribery of foreign officials (Section 104(a) of the Foreign Corrupt Practices Act);
• depositing proceeds from various criminal activities (18 U.S.C. § 1957);
• obstruction of justice, intimidation or harassment of witnesses, etc., (18 U.S.C. §


• an offense under “RICO,”—racketeer influenced and corrupt organizations—(18
U.S.C. chapter 96);
• conspiracy to commit an offense or to defraud the United States (18 U.S.C. §
371) to the extent that the conspiracy constitutes an act to commit one of the
offenses listed above;
• conspiracy (18 U.S.C. § 371) to violate the post-employment, “revolving door”
laws (18 U.S.C. § 207);

13 See now 5 U.S.C. § 8311 et seq. See general discussion in CRS Report 96-530, Loss of Federal Pensions for
Members of Congress Convicted of Certain Offenses, by Jack Maskell.

• perjury (18 U.S.C. § 1621) in relation to the commission of any offense described
above; or
• subornation of perjury (18 U.S.C. §1622) in relation to the commission of any
offense described above.
In a somewhat similar manner as the current “Hiss Act,” a Member of Congress may receive back
his or her own contribution (lump sum payment) to the retirement system, and to the Member’s
Thrift Savings Plan (TSP) (P.L. 110-81, Section 401(a), amending 5 U.S.C. § 8332(o)(1), and 14
Section 401(b), amending 5 U.S.C. § 8411(l)(1)). Since the provision increases the penalties
attached to the conviction of a crime, however, the law can apply prospectively only, and could
not work to take away or limit the pensions of those Members of Congress who have already 15
engaged in the conduct covered by this amendment, even if convicted at a later date.
Both the House and Senate have adopted internal rule changes that affect internal legislative
procedures, and which are intended to provide more transparency and accountability in the
legislative process, particularly with regard to “earmarks.” This report, intended to focus
specifically on lobbying and ethics provisions, will provide only a very brief overview of these
procedural and parliamentary changes made in S. 1, and more detailed analysis will be provided 16
in other CRS products.
Under the provisions of S. 1, Section 511(a), if “new material” is added to a conference report, a
point of order may be raised by any Senator, and if sustained, those provisions “shall be stricken.” th
A Senator may move to waive any or all points of order by an affirmative vote of 3/5s of the
Members. A report of a conference committee must be available to Members and the public at
least 48 hours before a vote on the matter will be in order, unless that requirement is waived by th
3/5s of the Members. (S. 1, Section 511(b)). Section 512 deals with “holds” in the Senate, and is
intended to end the practice of anonymous holds by requiring the identification of a Member who
places a “hold” on a measure or matter in the Senate. Under Section 513, committees and
subcommittees in the Senate are required to make available through the Internet a video or a
transcript of any meeting within 21 days of the event, unless the meetings are closed in
accordance with Senate rules. Section 514 requires any “amendment and any instruction”
accompanying a motion to recommit to be in writing. S. 1 also expresses the sense of the Senate
that conference committee meetings should be open to the public, all conferees be given adequate

14 It does not appear that the government’s portion of a Members Thrift Savings Plan would be forfeited, as the
provisions of P.L. 110-81 (S. 1, 110th Congress) do not expressly provide for such forfeiture, and the current provisions
of retirement law only require such forfeiture when an employee or Member loses his or her pension under the
provisions of the so-calledHiss Act.” 5 U.S.C. §8432(g)(5), referring to annuities forfeited under sub-chapter II of
chapter 83, the “Hiss Act,which is not directly amended or affected by the new law.
15 See express prohibition in the United States Constitution, Article I, Section 9, clause 3, on Congress enacting anyex
post facto” law, and its application to retroactive pension forfeiture, Hiss v. Hampton, 338 F. Supp. 1141, 1148-1149
(D.D.C. 1972). An ex post facto law inflicts a greater punishment, than the law annexed to the crime, when
committed.” Calder v. Bull, 3 Dall. (3 U.S.) 386, 390 (1798). ( Italics in original). Chief Justice Marshall explained
simply and clearly that an ex post facto lawis one which renders an act punishable in a manner in which it was not
punishable when it was committed.” Fletcher v. Peck, 6 Cranch (10 U.S.) 87, 138 (1810).
16 For a current analysis and discussion of the Senate procedural changes in S. 1, see sectional analysis of S. 1, at 153
Congressional Record S10710-S10712 (daily ed. August 2, 2007), re: Title V, Senate Legislative Transparency and

notice of meetings and afforded an opportunity to participate in debate on the matters considered,
and that the text of a conference committee report should not be changed after being signed by a
majority of the Senate conferees (S. 1, Section 515).
“Earmark” reforms were also enacted in S. 1. An “earmark” is intended to mean a
“congressionally directed spending item, limited tax benefit, and limited tariff benefit.” (S. 1,
Section 521). Senate Rule XLIV is amended to provide that it will not be in order to consider a
bill or joint resolution reported by any committee, a bill or joint resolution not reported by a
committee, or the adoption of a conference committee report, unless the chairman of the
committee of jurisdiction or the Majority Leader, or his or her designee, certifies that any earmark
has been identified, including the name of each Senator who submitted a request for each item
identified, and that such information is publicly available on a congressional website for at least
48 hours. For any amendment that contains an earmark proposed in floor consideration of a
measure, the Senator proposing such amendment must as soon as practicable provide a list of the
items and the name of the Senator requesting those items, to be placed in the Congressional
Record. All committee reports including earmarks must provide a list or chart of such items
identifying the Senator submitting the requests, and must provide such information to the public
on the Internet.
Any Senator who requests an earmark is now under an affirmative obligation to submit a written
statement to the chairman and ranking member of the committee of jurisdiction naming the
Senator, identifying and naming the location of the recipient of the spending or the tax benefit,
the purpose of the earmark, and a certification that neither the Senator nor the Senator’s
immediate family has a pecuniary interest in the item, that is, that the principal purpose of the
earmark is not to further only the Member’s pecuniary interest, only the pecuniary interest of the
member’s immediate family, or only the pecuniary interest of a limited class of persons or
enterprises when the Member, his or her family, or enterprises controlled by them are members of
the affected class. (S. 1, Section 521, amending Senate Rule XLIV, paragraphs 6 and 9).
The House rules on procedure and “earmark” requirements were not amended by S. 1, but were th
changed for the House on the first day of the 110 Congress, in H.Res. 6, adopted January 4,


Provision Effective date
Sec. 101. Amendments to restrictions on former officers, Applies to those who leave the Government after the adjournment of the 1st Session of the 110th Congress, or
employees, and elected officials of the executive and December 31, 2007, whichever is earlier.
legislative branches.
Sec. 102. Wrongfully influencing a private entity’s Upon enactment.
employment decisions or practices.
Sec. 103. Notification of post-employment restrictions. Notifications 60 days after enactment have to posted on the Internet as of Jan 1, 2008.
Sec. 104. Exception to restrictions on former officers, Upon enactment, except that post-employment exception for former employees applies to those who leave the th
employees, and elected officials of the executive and Government on or after the 60 day after enactment.
legislative branch.
iki/CRS-RL34166Sec. 201. Quarterly filing of lobbying disclosure reports. Applies to information in periods on or after January 1, 2008 for subsequent registrations and reports.
g/wSec. 202. Additional disclosure. Applies to information in periods on or after January 1, 2008 for subsequent registrations and reports.
s.orSec. 203. Semiannual reports on certain contributions. The first semi-annual reporting period that begins after enactment.
Sec. 204. Disclosure of bundled contributions. 90 days after the FEC has promulgated final regulations (which must be promulgated 6 months after enactment).
://wikiSec. 205. Electronic filing of lobbying disclosure reports. Applies to information in periods on or after January 1, 2008 for subsequent registrations and reports.
httpSec. 206. Prohibition on provision of gifts or travel by Upon enactment.
registered lobbyists to Members of Congress and to
congressional employees.
Sec. 207. Disclosure of lobbying activities by certain coalitions Applies to information in periods on or after January 1, 2008 for subsequent registrations and reports.
and associations.
Sec. 208. Disclosure by registered lobbyists of past executive Applies to information in periods on or after January 1, 2008 for subsequent registrations and reports.
branch and congressional employment.
Sec. 209. Public availability of lobbying disclosure information; Applies to information in periods on or after January 1, 2008 for subsequent registrations and reports.
maintenance of information.
Sec. 210. Disclosure of enforcement for noncompliance. Registrations and reports beginning on or after Jan. 1, 2008.
Sec. 211. Increased civil and criminal penalties for failure to Applies to any violation committed after enactment.

comply with lobbying disclosure requirements.

Provision Effective date
Sec. 212. Electronic filing and public database for lobbyists for 90 days after enactment.
foreign governments.
Sec. 213. Comptroller General audit and annual report. Audit to be done with respect to filings in first calendar quarter of 2008; initial report to Congress within 6
months after that quarter.
Sec. 301. Disclosure by Members and staff of employment Upon enactment, applying to negotiations commenced and agreements made on or after that date.
Sec. 302. Prohibition on lobbying contacts with spouse of Upon enactment.
Member who is a registered lobbyist.
Sec. 303. Treatment of firms and other businesses whose Upon enactment.
members serve as House committee consultants.
Sec. 304. Posting of travel and financial disclosure reports on Applies to information received on or after the date of enactment. The Clerk shall post information not later
public website of Clerk of the House of Representatives. than August 1, 2008 received by the Clerk by June 1, 2008, and then at the end of each 45-day period
information received since the last posting.
iki/CRS-RL34166Sec. 305. Prohibiting participation in lobbyist-sponsored Upon enactment.
g/wevents during political conventions.
Sec. 401. Loss of pensions accrued during service as a Upon enactment.
://wikiMember of Congress for abusing the public trust.
Subtitle A - Procedural Reforms
Sec. 511. Amendments to rule XXVIII. Date of enactment.
Sec. 512. Notice of objecting to proceeding. Date of enactment.
Sec. 513. Public availability of Senate committee and 90 days after date of enactment.
subcommittee meetings.
Sec. 514. Amendments and motions to recommit. Date of enactment.
Subtitle B - Earmark Reform
Sec. 521. Congressionally directed spending. Date of enactment.
Subtitle C - Revolving Door Reform
Sec. 531. Post-employment restrictions. Applies to those who leave office after the adjournment of the 1st session of the 110th Congress or December
31, 2007, whichever is earlier.

Provision Effective date
Sec. 532. Disclosure by Members of Congress and staff of Date of enactment.
employment negotiations.
Sec. 533. Elimination of floor privileges for former Members, Date of enactment.
Senate officers, and Speakers of the House who are
registered lobbyists or seek financial gain.
Sec. 534. Influencing hiring decisions. Date of enactment.
Sec. 535. Notification of post-employment restrictions. 60 days after date of enactment.
Subtitle D - Gift and Travel Reform
Sec. 541. Ban on gifts from registered lobbyists and entities Date of enactment.
that hire registered lobbyists.
Sec. 542. National party conventions. Date of enactment.
Sec. 543. Proper valuation of tickets to entertainment and Date of enactment.
sporting events.
iki/CRS-RL34166Sec. 544. Restrictions on registered lobbyist participation in Prohibitions and restrictions on travel paid or arranged, etc., by lobbyists and clients, and applicable guidelines,
g/wtravel and disclosure. to take effect 60 after date of enactment, or date Ethics Committee issues new guidelines, whichever is later.
s.orRules on reimbursements for noncommercial air travel to take effect on date of enactment.
leakSec. 545. Free attendance at a constituent event. Date of enactment.
://wikiSec. 546. Senate privately paid travel public website. Date of enactment. Website to be established by January 1, 2008, unless extension is granted by Rules Committee.
Subtitle E—Other Reforms
Sec. 551. Compliance with lobbying disclosure. Date of enactment.
Sec. 552. Prohibit official contact with spouse or immediate Date of enactment.
family member of Member who is a registered lobbyist.
Sec. 553. Mandatory Senate ethics training for Members and Date of enactment. Training by current Members and staff to be completed by 165 days after enactment.
Sec. 554. Annual report by Select Committee on Ethics. Date of enactment. Reports to be made by January 31.
Sec. 601. Restrictions on Use of Campaign Funds for Flights Applies to flights taken on or after date of enactment.

on Noncommercial Aircraft.

Provision Effective date
Sec. 701. Sense of the Congress that any applicable Date of enactment.
restrictions on congressional officials and employees should
apply to the executive and judicial branches.
Sec. 702. Knowing and willful falsification or failure to report. Date of enactment.
Sec. 703. Rule of construction. Date of enactment.
Source: P.L. 110-81


Jack Maskell
Legislative Attorney
jmaskell@crs.loc.gov, 7-6972