Order Code RL33065
CRS Report for Congress
Received through the CRS Web
Lobbying Disclosure: Background and
Legislative Proposals, 109th Congress
September 6, 2005
R. Eric Petersen
Analyst in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

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Lobbying Disclosure: Background and Legislative
Proposals, 109th Congress
Summary
In the decade since enactment of the Lobbying Disclosure Act of 1995 (LDA),
concerns have been raised about the capacity of Congress to oversee the activities of
professional lobbyists. Lobbyists and others who seek to participate in public policy
activities through the formation of coalitions and associations whose members may
not be identifiable, and the use of grassroots campaigns that attempt to mobilize
citizens to advance the message of a lobbyist’s client have also raised concerns.
In the 109th Congress, legislative proposals related to lobbying disclosure focus
on four broad areas, including (1) enhanced requirements for electronic filing of
lobbying reports and semiannual reports required under LDA; (2) redefinition of the
term “client” under the statute; (3) more detailed disclosure by lobbyists of which
groups and entities are funding coalitions and associations they represent; and (4)
more detailed disclosure by lobbyists of the individuals in Congress and the
executive branch they contact. Legislative proposals addressing some or all of those
concerns introduced thus far in the 109th Congress include H.Res. 81 introduced by
Representative Mark Green; H.R. 1302 and H.R. 1304, introduced by Representative
Lloyd Doggett; H.R. 2412, introduced by Representative Martin Meehan; and S.
1398, introduced by Senator Russell Feingold.
This report, which is one of several CRS products on lobbying, will be updated
as warranted. Further information on lobbying is available in CRS Report RS22226,
Summary and Analysis of Provisions of H.R. 2412, the Special Interest Lobbying and
Ethics Accountability Act of 2005, by Jack Maskell; CRS Report RS22209, Executive
Lobbying: Statutory Controls, by Louis Fisher; CRS Report RL31126, Lobbying
Congress: An Overview of Legal Provisions and Congressional Ethics Rules, by Jack
Maskell; CRS Report 96-809, Lobbying Regulations on Non-Profit Organizations,
by Jack H. Maskell; and CRS Report RS20725, Interest Groups and Lobbyists:
Sources of Information, by Susan Watkins Greenfield.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Current Lobbying Disclosure Law: A Summary of Potentially Affected
Provisions of LDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
LDA Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Current Legislative Proposals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
H.Res. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
H.R. 1302 and H.R. 1304 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
H.R. 2412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
S. 1398 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Further Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

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Lobbying Disclosure: Background and
Legislative Proposals, 109th Congress
Introduction
The regulation of lobbying disclosure is governed by the Lobbying Disclosure
Act of 1995 (LDA),1 as amended by the Lobbying Disclosure Technical Amendments
Act of 1998.2 LDA requires any lobbyist who is compensated for his actions,
whether an individual or firm, to register and to file with the Clerk of the House and
the Secretary of the Senate semiannual reports of their activities. These reports
identify the name of the registrant lobbyist, client, and the broad issue areas in which
lobbying was carried out. In the decade since the enactment of the LDA, concerns
have been raised about the capacity of Congress to oversee lobbying activities of
professional lobbyists who seek to participate in public policy activities through the
formation of coalitions and associations whose members may not be identifiable, and
the use of grassroots campaigns that attempt to mobilize citizens to advance the
message of a lobbyist’s client.
In the American political system, the pursuit of private interests through
adoption and amendment of public policy dates back to the founding of the republic.
Writing in support of the new Constitution, James Madison identified interest groups,
or factions — groups of citizens united by a common impulse of passion or of
interest — as a cornerstone of the American regime.3 In 1803, Alexis de Tocqueville
observed that “in no country in the world has the principle of association been more
successfully applied ... than in America.”4 The First Amendment provides
opportunity for these groups to exist by prohibiting laws abridging freedom of
speech, the right of the people to peaceably assemble, and to petition the government
for a redress of grievances.5
1 P.L. 104-65, Lobbying Disclosure Act of 1995 (109 Stat. 691, 2 U.S.C. 1601).
2 P.L. 105-166, Lobbying Disclosure Technical Amendments Act of 1998 (112 Stat. 38, 2
U.S.C. 1601 note)
3 See Federalist Number 10, in The Federalist by Alexander Hamilton, James Madison, and
John Jay, edited by Benjamin Fletcher Wright, (Cambridge, MA: The Belknap Press of
Harvard University Press, 1961), pp. 129-136.
4 Alexis de Tocqueville, Democracy in America (New York: Colonial Press, 1989), vol. I,
p. 191.
5 For a broad overview of the roles and activities of groups that lobby Congress, see U.S.
Senate, Committee on Governmental Affairs, Subcommittee on Intergovernmental
Relations, Congress and Pressure Groups: Lobbying in a Modern Democracy, 99th Cong.,
2nd sess. (Washington: GPO, 1986), pp. 1-40.

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CRS-2
For the past 40 years, observers have noted a steady increase in the number of
organized interest groups, including associations, public interest groups, and
professional organizations. Additionally, these observers note a change in the types
of activities in which these organizations engage to advance their interests.6 In
addition to longstanding lobbying techniques of establishing personal ties with
Members of Congress, their staff and executive branch officials, and testifying at
congressional and administrative hearings, interest groups are also using direct mail,
public relations, newspaper advertisement, and other marketing techniques to
generate public interest. These activities can include engaging citizens to lobby on
their behalf to persuade a government official regarding legislation or executive
agency action. Some of these organized efforts, which are not currently subject to
disclosure under LDA, are also accompanied by sophisticated media campaigns to
advance the causes of a group.7 Widespread lobbying campaigns may be targeted to
citizens, journalists, lawmakers, executive agency personnel, and other groups with
interests similar to those of the organization on whose behalf the campaign is
mounted.8 This practice is sometimes referred to as “grassroots” advocacy to identify
its appeal to the general public. Some observers, noting the use of marketing
techniques and alleging that a connection to the general public is lacking, sometimes
refer to such efforts as “astroturf” lobbying.9
In addition to the expanded scope and breadth of lobbying campaigns, some
observers have noted that many lobbying campaigns involve increased reliance by
interest groups on anonymous, or “stealth” campaigns, in which the lobbying
activities directed to the public or policy makers are organized through coalitions and
associations. Some of these coalitions and associations form alliances with other
groups, or serve as groups which exist solely to advance a campaign for or against
a specific policy action.10 Political scientists Darrell West and Burdette Loomis
assert that anonymous campaigns are carried out in voter education efforts, and
electoral, legislative, and rulemaking settings, and that “the key in each of these
efforts is that the actual sponsor is masked by front organizations that make it
difficult for the public to see who really is funding the activity. Stealth campaigns
are consciously designed to fly under the radar of press and public oversight.”11
6 See H. R. Hood, Interest Group Politics in America: A New Intensity (Englewood Cliffs,
NJ: Prentice Hall, 1990).
7 Darrell M. West and Burdett A. Loomis, The Sound of Money: How Political Interests Get
What They Want (New York: W. W. Norton and Company, 1998), pp. 16-20; and R.
Kenneth Godwin, “Money Technology and Political Interests: The Direct Marketing of
Politics,” in Mark P. Petracca, ed., The Politics of Interests: Interest Groups Transformed
(Boulder, CO: Westview Press, 1992), pp. 308-325.
8 West and Loomis, The Sound of Money, pp. 45-64.
9 Nicholas Confessore, “Meet the Press,” Washington Monthly, Dec. 2003, available at
[http://www.washingtonmonthly.com/features/2003/0312.confessore.html].
10 For examples of anonymous lobbying, see Jeffrey H. Birnbaum, “Lobbying Under The
Cloak Of Invisibility,” Washington Post, Mar. 7, 2005, p. E1, retrieved through nexis.com.
11 West and Loomis, The Sound of Money, pp. 69-70.

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CRS-3
Anonymous campaigns to sway public opinion and affect public policy are not
new. Writing a series of articles that became known generally as the Federalist
Papers, Alexander Hamilton, James Madison, and John Jay,12 sought to sway the
general public in the 13 United States, and New York residents in particular, to press
their leaders for ratification of the U.S. Constitution. In 1787 and 1788, 85 articles
authored by the trio appeared in newspapers throughout the country under the
pseudonym “Publius,” as part of what has been described as the “most significant
public-relations campaign in history.”13 In the articles, the three authors made no
mention of their close association with the Constitutional Convention that drafted
and approved the document.
Presently, however, concern has been expressed that entities that use anonymous
lobbying activities and public relations campaigns might circumvent the process of
public consideration of lawmaking and regulatory activities. Observers suggest that
current lobbying disclosure laws, described below, allow interested entities to shield
their lobbying activities through the use of ostensibly separate, independent coalitions
and associations.14 Proposals to require more detailed disclosure of lobbying clients,
the government officials who have been lobbied, and expenditures dedicated to
lobbying have followed. Those supporting more detailed disclosure might argue that
such efforts could afford greater transparency and a broader understanding of the
effects of private interests in the public policy making process. From their
perspective such a change might also instill greater accountability. Those opposing
changes to current lobbying disclosure practices might maintain that expanding
disclosure could have a potential adverse impact on constitutionally protected rights
of assembly, association, and to petition the government, particularly the
longstanding tradition of carrying out these activities without the necessity of self-
identification. Additionally, opponents might assert that such a change could
increase the administrative burden associated with reporting on their lobbying efforts
under LDA.
Current Lobbying Disclosure Law: A Summary of
Potentially Affected Provisions of LDA
LDA requires any lobbyist, whether an individual or firm, to register with the
Secretary of the Senate and the Clerk of the House of Representatives within 45 days
after the lobbyist first makes a lobbying contact with covered officials in the
legislative and executive branches of the federal government on behalf of a client.15
12 Hamilton, Madison and Jay went on to become the first Secretary of the Treasury, a
Representative in the First through Fourth Congresses and fourth President, and the
first Chief Justice of the United Sates, respectively.
13 The Federalist Papers website, [http://www.law.ou.edu/hist/federalist/].
14 Josephine Hearn, “Dems Want to Change Congressional Rules,” The Hill, July 14, 2004,
p.3; and Alison Mitchell, “Loophole Lets Lobbyists Hide Clients’ Identity,” New York
Times, July 4, 2002, p. A1.
15 Legislative branch officials covered under LDA include Members of Congress; elected
officers of either chamber; any employee of a Member, committee, leader or working group
(continued...)

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CRS-4
The law requires lobbyists to file with the Clerk and the Secretary semiannual reports
of their activities. These reports identify the name of the registrant, lobbyists the
registrant employs, client, and the broad issue areas in which lobbying was carried
out. In addition, the disclosure must include
! a good faith estimate, by broad category, of the total amount of
lobbying-related income from the client during the semiannual
period;
! the specific issues that were the subject of a lobbyist’s efforts,
including “to the maximum extent practicable” a list of bill numbers;
! a statement of the houses of Congress and the federal agencies
contacted by the lobbyist; and
! a list of the employees of the registrant who acted as lobbyists on
behalf of the client.
LDA defines a lobbyist as any individual compensated by a client for services
that include more than one lobbying contact, within certain limits.16 A “client” is
defined as any person or entity that employs and compensates another person to
conduct lobbying activities on their behalf.17 A coalition or association may also be
listed as a client. LDA does not require information on the specific membership of
these groups. Under the current guidance issued by the Clerk of the House and
Secretary of the Senate, such members of informal coalitions may optionally be
viewed as separate clients for disclosure purposes.18 Table 1 summarizes the number
15 (...continued)
organized to provide assistance to Members; and any other legislative branch employee
serving in a position that is compensated at a rate of 120% of the basic pay for GS 15 of the
General Schedule.
Executive branch covered officials include the President; the Vice President; any
officer or employee in the Executive Office of the President; any officer or employee
serving in a position compensated through the Executive Schedule; any member of the
uniformed military services whose pay grade is at or above O-7 under 37 U.S.C. 201 (In the
United States Army, Air Force, and Marine Corps, this is a brigadier general. In the
United States Navy and Coast Guard the equivalent rank is rear admiral.); and any
officer or employee serving in a position of a confidential, policy-determining,
policy-making, or policy advocating character that the Office of Personnel Management has
excepted from the competitive service under 5 U.S.C. 7511(b)(2)(b).
16 An individual whose lobbying activities constitute less than 20% of the time engaged in
the services provided to a client over a six month period is exempt from LDA disclosure
requirements.
17 Under LDA, groups that carry out lobbying activities on their own behalf must also
register with the Clerk and the Secretary.
18 Office of the Clerk of the House of Representatives and Office of the Secretary of the
Senate, Lobbying Disclosure Act Guidance and Instructions, p. 11. The document is also
(continued...)

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CRS-5
of registrants, clients and lobbyists registered with the Secretary of the Senate since
LDA took effect.
Table 1. Registrants, Clients and Lobbyists Registered Under
the Lobbying Disclosure Act of 1995, 1996-2004
Registrants
Clients
Lobbyists
Yeara
Annual
Annual
Annual
Total
Total
Total
Change
Change
Change
1996
3,557
—
8,118
—
10,798
—
1997
4,051
13.89%
10,013
23.34%
14,946
38.41%
1998
4,422
9.16%
16,873
68.51%
18,589
24.37%
1999
4,813
8.84%
13,793
-18.25%
21,279
14.47%
2000
4,774
-0.81%
13,865
0.52%
16,342
-23.20%
2001
5,160
8.09%
15,941
14.97%
18,854
15.37%
2002
5,536
7.29%
17,575
10.25%
21,089
11.85%
2003
6,005
8.47%
15,317b
-12.85%
42,872
103.29%
2004
6,231
3.76%
19,758
28.99%
30,402
-29.09%
Source: Data from the Secretary of the Senate, Office of Public Records and CRS calculations.
Except for 2000, data reflect all records available on September 30. Data for 2000 reflect only active
registrations, clients and lobbyists.
a. As of Sept. 30 for each year. LDA became effective Jan 1, 1996, and data for that year cover nine
months.
b. Total reflects Senate Office of Public Records efforts to regularize differences in various client
names.
LDA Enforcement. Whoever knowingly fails to rectify an incomplete
disclosure report following notification of the error by the Clerk of the House or
Secretary of the Senate, or who otherwise does comply with the requirements of
LDA, may be liable for a civil fine of up to $50,000.19 The clerk and secretary must
refer alleged incidents of noncompliance to the United States Attorney for the
District of Columbia. The number of such referrals made since LDA became
effective on January 1, 1996, is not publicly available. The U.S. Attorney for the
District of Columbia has reportedly pursued some cases in the past decade, and some
18 (...continued)
available through the Senate website at [http://www.senate.gov/pagelayout/legislative/
g_three_sections_with_teasers/lobbyingdisc.htm].
19 For further discussion of LDA and other laws, rules, and regulations affecting those who
lobby Congress, see CRS Report RL31126, Lobbying Congress: An Overview of Legal
Provisions and Congressional Ethics Rules, by Jack Maskell.

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CRS-6
registrants have reportedly paid fines to settle instances of alleged noncompliance.
No public announcements by the U.S. Attorney’s office have been identified, but
media accounts identify three cases that were settled for fines totaling $47,000 and
other considerations including periods during which some registrants were prohibited
from conducting federal lobbying. It is not known whether these cases comprise the
total LDA enforcement effort. Attorneys for the Department of Justice reportedly
contend that the details of any settlements of violations under LDA are protected
from public disclosure by the Privacy Act.20
Current Legislative Proposals
In the 109th Congress, legislative proposals related to lobbying disclosure focus
on four broad areas, including
! enhanced requirements for electronic filing of lobbying reports and
semiannual reports required under LDA;21
! redefinition of the term “client” under LDA;
! more detailed disclosure of which groups and entities are funding
coalitions and associations; and
! more detailed disclosure by lobbyists of the individuals in Congress
and the executive branch whom they contact.
H.Res. 81. H.Res. 81, introduced by Representative Mark Green on February
2, 2005, would require the Clerk of the House of Representatives to post on the
Internet lobbying registration and reports filed with the Clerk under the Lobbying
Disclosure Act of 1995.22 The measure was referred to the Committee on the
20 Kenneth P. Doyle, “DOJ Refuses to Disclose Settlements With Those Who Violate
Lobbying Law,” BNA Daily Report for Executives, June 20, 2005 and Kenneth P. Doyle,
“Justice Department Reveals First Cases Settled Under Lobbying Disclosure Statute,”BNA
Daily Report for Executives, Aug. 16, 2005, retrieved from the BNA website.
21 The Office of the Clerk in Dec. 2004 inaugurated a voluntary electronic filing system for
those required to file under LDA. Pursuant to a directive issued by Rep. Bob Ney, chairman
of the Committee on House Administration, the Clerk will only accept electronic filing of
LDA materials after Jan. 1, 2006 (Bob Ney, chairman, Committee on House Administration,
“Electronic Filing of Disclosure Reports,” dear colleague letter, June 29, 2005, at
[http://www.house.gov/cha/dearcolleaguejune29-05.htm]; see also the Clerk’s website at
[http://clerk.house.gov/pd/index.html]). For some time, the Senate Office of Public Records
has maintained a voluntary program of electronic filing “for the purpose of minimizing the
burden of filing” LDA materials (Senate Office of Public Records, “Frequently Asked
Questions,” at [https://opr.senate.gov/faq.html]). Additionally, the Senate makes LDA
registration and disclosure reports available through the Internet at [http://sopr.senate.gov/].
22 The Senate Office of Public Records, an entity within the Office of the Secretary of the
Senate, provides access to LDA registration and semiannual reports through the Internet at
[http://sopr.senate.gov/].

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CRS-7
Judiciary, and subsequently to the Subcommittee on the Constitution. No further
action has been taken at the time of this writing.
H.R. 1302 and H.R. 1304. On March 15, 2005, Representative Lloyd
Doggett introduced H.R. 1302, and H.R. 1304, both entitled the Stealth Lobbyist
Disclosure Act of 2005. H.R. 1302 would amend LDA to redefine the term “client”
as any person or entity that employs a lobbyist on behalf of that person or entity. The
measure would require members of coalitions or associations that employ a lobbyist,
and not the coalition or association, to be listed as the clients of the registrant
lobbyist. H.R. 1302 provides an exception for tax-exempt associations and for some
members of a coalition or association if those members expect to contribute less than
$1,000 per any semiannual period to the lobbying activities of the coalition. The
measure was referred to the Committee on the Judiciary, Subcommittee on the
Constitution. No further action has been taken at the time of this writing.
H.R. 1304 would amend the Internal Revenue Code to treat any coalition or
association that is identified as a client on an LDA registration as a tax-exempt
political organization. Any such coalition or association would be required to notify
the Secretary of the Treasury of its existence within 72 hours after one of its lobbyists
makes an initial contact, and to report any change in its membership within 72 hours.
Reports to the Secretary of the Treasury would include a general description of the
business or activities of each member of the coalition or association, and the amount
each coalition member is expected to contribute to influencing legislation. H.R. 1304
would exempt from the disclosure requirements public charities and other tax-exempt
organizations which have substantial exempt activities other than lobbying, and
coalition or association members who contribute less than $2,000 per year for
lobbying activities. Finally, the measure would impose a penalty tax for failure to
give the required notices. H.R. 1304 was referred to the Committee on Ways and
Means. No further action has been taken at the time of this writing.
H.R. 2412. H.R. 2412, the Special Interest Lobbying and Ethics Accountability
Act of 2005, was introduced by Representative Martin Meehan on May 17, 2005.23
The measure would amend LDA to require
! quarterly, instead of semiannual, filing of lobbying disclosure
reports;
! electronic filing of lobbyist registrations and disclosure reports filed
with the Secretary of the Senate or the Clerk of the House of
Representatives;
! establishment and maintenance of lobbying disclosure information
in an electronic data base which directly links lobbying disclosure
information to the information disclosed in reports filed with the
Federal Election Commission under the Federal Election Campaign
23 A section-by-section discussion of the provisions of H.R. 2416 is available in CRS Report
RS22226, Summary and Analysis of Provisions of H.R. 2412, the Special Interest Lobbying
and Ethics Accountability Act of 2005, by Jack Maskell.

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CRS-8
Act of 1971,24 and made available to the public free of charge
through the Internet;
! identification of each executive branch official and Member of
Congress with whom lobbying contacts are made;
! disclosure by registered lobbyists of all past executive branch and
congressional employment; and
! disclosure of grassroots lobbying communications by paid lobbyists
and itemized disclosure of expenditures on grassroots lobbying
activities.
H.R. 2412 would amend LDA to redefine the term “client” as any person or
entity that employs a lobbyist on behalf of that person or entity. The measure
requires that firms and other entities that are members of coalitions or associations
that employ a lobbyist, are to be considered clients, along with the coalition or
association, if their total contribution related to lobbying activities is greater than
$10,000.
The measure would increase the civil penalty for failure to comply with
lobbying disclosure requirements up to $100,000. H.R. 2412 provides for reviews
and semiannual reports by the Comptroller General on activities carried out by the
Clerk of the House and the Secretary of the Senate under LDA. Additionally, a
current ban on former senior executive personnel, former Members of Congress, and
legislative branch personnel, preventing them from lobbying the entity in which they
previously served, would be extended from one to two years.25
H.R. 2412 was referred to the Committee on the Judiciary, the Committees on
Standards of Official Conduct, and the Committee on Rules, for a period to be
subsequently determined by the Speaker, for consideration of those provisions that
24 2 U.S.C. 434.
25 H.R. 3623, introduced by Rep. Robert Andrews on July 29, 2005, would increase the
“cooling off”period to five years after the Member leaves office during which former
Members of Congress may not lobby, or appear or communicate with intent to influence any
matter before any Member, officer or employee of the entire legislative branch. The
measure was referred to the Committee on the Judiciary.

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CRS-9
fall within the jurisdiction of each committee.26 No further action has been taken at
the time of this writing.
S. 1398. S. 1398, the Lobbying and Ethics Reform Act of 2005 was introduced
by Senator Russell Feingold on July 14, 2005. Similar in nature to H.R. 2412, the
measure would amend LDA to require
! quarterly, instead of semiannual, filing of lobbying disclosure
reports;
! electronic filing of lobbyist registrations and disclosure reports filed
with the Secretary of the Senate or the Clerk of the House of
Representatives;
! establishment and maintenance of lobbying disclosure information
in an electronic data base which directly links lobbying disclosure
information to the information disclosed in reports filed with the
Federal Election Commission under the Federal Election Campaign
Act of 1971,27 and made available to the public free of charge
through the Internet;
! identification of each executive branch official and Member of
Congress with whom lobbying contacts are made;
! disclosure by registered lobbyists of all past executive branch and
congressional employment; and
! disclosure of grassroots lobbying communications by paid lobbyists
and itemized disclosure of expenditures on grassroots lobbying
activities.
The measure would amend LDA to redefine the term “client” as any person or
entity that employs a lobbyist on behalf of that person or entity. The measure
requires that firms and other entities that are members of coalitions or associations
that employ a lobbyist, are to be considered clients along with the coalition or
26 H.R. 2412 requires a number of other changes to laws and rules governing congressional
ethics that are not directly related to lobbying disclosure. These include requiring public
disclosure by Members of Congress of employment negotiations; the establishment of fines
and penalties for Member of Congress or employees of the House who wrongfully influence,
on a partisan basis, any entity’s employment decisions or practices; amendments to the
House Code of Official Conduct to prohibit favoritism; requiring the House Committee on
Standards of Official Conduct to develop and revise guidelines on reasonable expenditures
for official government travel; requiring certification that congressional travel meets certain
conditions, and establishing civil fines for false certifications. Finally, H.R. 2412 would
require the appointment of a bipartisan ethics task force in the House to make
recommendations on strengthening ethics oversight and enforcement, and providing the
resources necessary to accomplish that goal.
27 2 U.S.C. 434.

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CRS-10
association if their total contribution related to lobbying activities is greater than
$10,000.
S. 1398 would increase the civil penalty for failure to comply with lobbying
disclosure requirements up to $100,000. The measure provides for reviews and
semiannual reports by the Comptroller General on activities carried out by the Clerk
of the House and the Secretary of the Senate under LDA. Additionally, the ban on
former senior executive personnel, former Members of Congress, and legislative
branch personnel, preventing them from lobbying the entity in which they previously
served, would be extended from one to two years. Finally, S. 1398 would revoke any
benefit or privilege extended to former Members of Congress, including floor
privileges, from former Members who are registered lobbyists.28 S. 1398 was
referred to the Committee on Homeland Security and Governmental Affairs. No
further action has been taken at the time of this writing.
Further Reading
CRS Report RS22226, Summary and Analysis of Provisions of H.R. 2412, the
Special Interest Lobbying and Ethics Accountability Act of 2005, by Jack
Maskell.
CRS Report RS22209, Executive Lobbying: Statutory Controls, by Louis Fisher.
CRS Report RL31126, Lobbying Congress: An Overview of Legal Provisions and
Congressional Ethics Rules, by Jack Maskell.
CRS Report 96-809, Lobbying Regulations on Non-Profit Organizations, by Jack H.
Maskell.
CRS Report RS20725, Interest Groups and Lobbyists: Sources of Information, by
Susan Watkins Greenfield.
28 S. 1398 requires a number of other changes to laws and rules governing congressional
ethics that are not directly related to lobbying disclosure. These include requiring public
disclosure by Members of Congress of employment negotiations; the establishment of fines
and penalties for Member of Congress or employees of the House who wrongfully influence,
on a partisan basis, any entity’s employment decisions or practices; amendments to the
House Code of Official Conduct and the standing Rules of the Senate to prohibit favoritism;
requiring the House Committee on Standards of Official Conduct to develop and revise
guidelines on reasonable expenditures for official government travel; requiring certification
that congressional travel meets certain conditions, and establishing civil fines for false
certifications.
S. 1398 would also institute a ban on gifts from lobbyists to members of Congress and
their staff. In the House, Rep. George Miller introduced H.R. 3177 on June 30, 2005 to ban
gifts from lobbyists. Both measures also would amend the rules of the respective chambers
in which they were introduced to prohibit Members from accepting gifts from lobbyists.
H.R. 3177 was referred to the House Committee on the Judiciary. No further action has
been taken at the time of this writing.

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