Order Code RL34166
Lobbying Law and Ethics Rules Changes
in the 110th Congress
September 7, 2007
Jack Maskell
Legislative Attorney
American Law Division

Lobbying Law and Ethics Rules Changes
in the 110th Congress
Summary
Significant changes were made by Congress to the current lobbying laws, and
to internal House and Senate rules on ethics and procedures, by the passage of S. 1,
110th Congress, and the adoption of H.Res. 6, 110th 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 examines the changes made to law and congressional rule in S. 1,
110th Congress, and 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.

Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Lobbying Disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
“Ethics” Rule Changes Concerning Gifts, Travel, and Contacts
With Lobbyists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Revolving Door, Post-Employment Provisions . . . . . . . . . . . . . . . . . . . . . . 13
Cooling Off Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Negotiations For Private Employment . . . . . . . . . . . . . . . . . . . . . . . . . 14
Congressional Pension Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Procedural Rules, Transparency, and Legislative Accountability . . . . . . . . 18

Lobbying Law and Ethics Rules Changes in
the 110th Congress
Congress 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 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, 2007.1 Additionally, changes to the internal rules of the
House were made previously by H.Res. 6, 110th Congress, adopted by the House on
January 4, 2007.2
Background
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 reported
in the press and have garnered significant national publicity.3 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
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 presented to the President on September 4, 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
events].
3 “Abramoff 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.

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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” (39%), or “Iraq” (37%).4
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, 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.
Lobbying Disclosures
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 guarantees of freedom of speech, association,
and petition.5 Any “regulation” of lobbying activities must therefore not overly or
4 CNN.com, “Corruption named as key issue by voters in exit polls,”
[http://www.cnn.com/2006/POLITICS/11/07/election.exitpolls/index.html].
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
(continued...)

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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
opposed to prohibitions, limitations, or restrictions on such conduct.6
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 compensated to engage in certain lobbying activities on behalf
of a client or an employer.7 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
to report or disclose its activities or expenses under the LDA.8
The provisions of S. 1, 110th Congress, 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 employer).9 S. 1 does not expand or amend the
definition of “lobbyist,” or require additional persons to register and report as
“lobbyists” under the LDA of 1995, as amended.10
5 (...continued)
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 an “as 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 for “direct” lobbying and is
registered, certain background activities and efforts “in support of” its direct “lobbying
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 be disclosed generally as “lobbying activities.” 2 U.S.C. § 1602(7). Note H.Rept.
104-339, 104th Cong.,1st Sess., “Lobbying Disclosure Act of 1995,” 13-14 (1995). The
instructions of the Clerk of the House and Secretary of the Senate also note that
“Communications 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 of “lobbyist” and “lobbying contact” at 2 U.S.C. § 1602(10) and (8),
which were not amended by S. 1. 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
(continued...)

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The provisions of S. 1 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 the 1st of January, April, July, and
October. (Section 201(a), amending 2 U.S.C. § 1604(a)).
! 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. § 1604(b)).
! Semi-Annual Reports of New and Additional Information and
Activities. Requires semi-annual reporting of new and additional
information by registrants of
! 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, unless the contributions are made to a person
required to report the receipt of such funds under the Federal
Election Campaign Act (2 U.S.C. § 434)
! 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,
10 (...continued)
(rather than semi-annual) filing, but the thresholds are not otherwise reduced or lowered to
capture more persons as “lobbyists” (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).

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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
! 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 period
! 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

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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

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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).
“Ethics” Rule Changes Concerning Gifts,
Travel, and Contacts With Lobbyists

The provisions of S. 1 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

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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 were adopted in
H.Res. 6, 110th 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

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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 tightened.
! 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)).

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! (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

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must be made by Members and staff in the House 15 days after the
completion of the trip, as opposed to 30 days in the Senate.11
! 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 rules, and such flights were generally reimbursed at a 1st 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 modified by H.Res. 363, 110th 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 free,
searchable website that contains the information, certifications, and
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.

CRS-12
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

CRS-13
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
XXIII, cl.17).12
Revolving Door, Post-Employment Provisions
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 regrading post-employment conflicts of interest:
Cooling Off Periods.
! Senators and “Very Senior” Executive Officials. United States
Senators and “very senior” officials in the executive branch
12 See Memorandum from the House Committee on Standards of Official Conduct,
“Financial Interests Under the New Earmark Rule,” March 27, 2007.

CRS-14
(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.
! “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).
Negotiations For Private Employment.
! 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

CRS-15
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)).
Other
! 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

CRS-16
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).
Congressional Pension Reform
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 national security offense against
the United States.13 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
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.

CRS-17
concealing persons, gathering or transmitting defense information, and perjury in
relation to those and other designated national security offenses.
Under the provisions of S. 1, as passed, 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 S. 1 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. § 1512);
! 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);
! 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) (S. 1, Section 401(a),

CRS-18
amending 5 U.S.C. § 8332(o)(1), and Section 401(b), amending 5 U.S.C. §
8411(l)(1)).14 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 engaged
in the conduct covered by this amendment, even if convicted at a later date.15
Procedural Rules, Transparency, and
Legislative Accountability

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 in other CRS products.16
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.” A Senator may move to waive any or all points
of order by an affirmative vote of 3/5ths 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 3/5ths 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 Member’s Thrift Savings Plan would
be forfeited, as the provisions of S. 1 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-called “Hiss 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 S. 1.
15 See express prohibition in the United States Constitution, Article I, Section 9, clause 3,
on Congress enacting any “ex 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 law “is 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 Accountability.

CRS-19
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 changed for the House on the first day of the 110th Congress, in
H.Res. 6, adopted January 4, 2007.