Lobbying Registration and Disclosure: The Role of the Clerk of the House and the Secretary of the Senate

June 4, 2008 – November 29, 2021 RL34377

Lobbying Registration and Disclosure:
The Role of the Clerk of the House and the
Secretary of the Senate
Updated November 29, 2021
Congressional Research Service
https://crsreports.congress.gov
RL34377

Lobbying Registration and Disclosure: The Role of the Clerk and Secretary

Summary
On September 14, 2007, President George W. Bush signed the Honest Leadership and Open
Government Act of 2007 (P.L. 110-81), into law. The Honest Leadership and Open Government
Act (HLOGA) amended the Lobbying Disclosure Act (LDA) of 1995 (P.L. 104-65, as amended)
to provide, among other changes to federal law and House and Senate rules, additional and more
frequent disclosures of lobbying contacts and activities. This report explains the role of the Clerk
of the House of Representatives and the Secretary of the Senate in the implementation and
administration of lobbying registration and disclosure requirements and summarizes the guidance
documents they have jointly issued.
Under the LDA, the Clerk of the House and the Secretary of the Senate manage the registration,
filing, and collection of documents submitted by lobbyists and lobbying firms. Prior to the
HLOGA, lobbyists were required to file paper documents with both the Clerk and the Secretary.
Lobbyists now file forms electronically and jointly with the Clerk and the Secretary. In addition,
the Clerk and the Secretary are responsible for making documents publicly available and
reporting incorrect or false filings to the U.S. attorney for the District of Columbia.
Beginning in December 2007, the Clerk of the House and the Secretary of the Senate issued joint
guidance documents for HLOGA implementation. The initial guidance document identified eight
substantive changes to the 1995 Lobbying Disclosure Act, and discussed how the Clerk and
Secretary interpret and implement the HLOGA’s provisions. In addition, the guidance document
provided direction on successful completion of registration and quarterly disclosure documents,
the new semiannual requirement to report campaign contributions, and interpretation of the Clerk
and Secretary’s role in referring noncompliance to the U.S. attorney.
Since issuing the initial guidance document in 2007, the Clerk of the House and Secretary of the
Senate, pursuant to 2 U.S.C. §1605, have conducted periodic reviews of existing guidance and
have issued multiple updates. The Clerk and the Secretary updated the document on February 28,
2021.
For further analysis on the Honest Leadership and Open Government Act and the Lobbying
Disclosure Act, see CRS Report R40245, Lobbying Registration and Disclosure: Before and After
the Enactment of the Honest Leadership and Open Government Act of 2007, by Jacob R. Straus;
and CRS Report R44292, The Lobbying Disclosure Act at 20: Analysis and Issues for Congress,
by Jacob R. Straus.
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Lobbying Registration and Disclosure: The Role of the Clerk and Secretary

Background
Since 1946, Congress on four occasions has approved legislation designed to regulate lobbyist
contact with Members of Congress. The initial provisions, which were contained in the
Legislative Reorganization Act of 1946, required that lobbyists register with the House of
Representatives and the Senate and disclose certain receipts and expenditures.1 In 1995, the
enactment of the Lobbying Disclosure Act repealed the 1946 act and created a detailed system of
reporting thresholds. In 1998, Congress passed technical amendments to the 1995 law. Finally, in
2007, Congress further amended the 1995 act to enhance disclosure and reporting requirements
for lobbyists and lobbying firms.
The Lobbying Disclosure Act (LDA) of 1995 provided specific thresholds and definitions of
lobbyists, lobbying activities, and lobbying contacts, compared to the 1946 act.2 In reporting the
LDA, the House Judiciary Committee summarized the need for new lobbying provisions:
The Act is designed to strengthen public confidence in government by replacing the
existing patchwork of lobbying disclosure laws with a single, uniform statute which covers
the activities of all professional lobbyists. The Act streamlines disclosure requirements to
ensure that meaningful information is provided and requires all professional lobbyists to
register and file regular, semiannual reports identifying their clients, the issues on which
they lobby, and the amount of their compensation. It also creates a more effective and
equitable system for administering and enforcing the disclosure requirements.3
The technical amendments made to the LDA in 1998 clarified the definition of covered executive
branch officials, more clearly defined what constitutes a lobbying contact, and provided that
organizations, whose lobbying activities are limited by their Internal Revenue Code (IRC)
nonprofit status,4 could use their tax estimates to report lobbying activities. In reporting the 1998
technical amendments, the Senate Committee on Governmental Affairs explained the need for
change:
Once the LDA was implemented by the Clerk of the House and the Secretary of the Senate,
several minor problems with the language of the statute materialized. The offices of the
Clerk and the Secretary have sought to interpret the LDA with respect to these problems in
accordance with the original intent of the law, but it is necessary and appropriate to conform

1 P.L. 79-601, 60 Stat. 839-842, August 2, 1946. Title III of the Legislative Reorganization Act of 1946 was the
“Federal Regulation of Lobbying Act.” It was the first law that required persons who lobbied Congress to register with
the House of Representatives and the Senate.
2 P.L. 104-65, 109 Stat. 691, December 19, 1995, as amended by P.L. 105-166, 112 Stat. 38, April 8, 1998; 2 U.S.C.
§§1601-1614.
3 U.S. Congress, House Committee on the Judiciary, Lobbying Disclosure Act of 1995, report to accompany H.R. 2564,
104th Cong., 1st sess., H.Rept. 104-339 (Washington: GPO, 1995), p. 2.
4 26 U.S.C. §501(c)(3). 501(c)(3) organizations are “Corporations, and any community chest, fund, or foundation,
organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational
purposes, or to foster national or international amateur sports competition ..., or for the prevention of cruelty to children
or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no
substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation
(except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the
publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for
public office.” Lobbying disclosure laws also limit these organizations in their lobbying. See 2 U.S.C. §1603(a)(3), 2
U.S.C. §1604(b)(4), and 2 U.S.C. §1610(a). For further information on tax-exempt organizations, see CRS Report 96-
264, Frequently Asked Questions About Tax-Exempt Organizations, by Erika K. Lunder; and CRS Report RL33377,
Tax-Exempt Organizations: Political Activity Restrictions and Disclosure Requirements, by Erika K. Lunder.
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Lobbying Registration and Disclosure: The Role of the Clerk and Secretary

the language of the law to intent, and that is the motivation behind the introduction of S.
758.5
The most recent amendments to the LDA, the Honest Leadership and Open Government Act of
2007 (HLOGA), mandated additional and more frequent disclosures.6
Since 1946, the Clerk of the House and the Secretary of the Senate have had joint responsibility
for implementing systems to register lobbyists. Under the 1946 act, individuals, groups, and
organizations involved in lobbying activities were required to keep detailed financial records and
to file financial statements with the Clerk. Lobbyists also were required to register before
engaging in lobbying activities and file quarterly reports with the Clerk and the Secretary. The
Clerk was then required to maintain these records for two years.7
The 1995 act, as amended, modified the responsibilities of the Clerk and the Secretary. In
addition to collecting registration and disclosure documents from lobbyists, the Clerk and the
Secretary are required to
(1) provide guidance and assistance on the registration and reporting requirements of this
Act and develop common standards, rules, and procedures for compliance with this Act;
(2) review, and, where necessary, verify and inquire to ensure the accuracy, completeness,
and timeliness of registration and reports;
(3) develop filing, coding, and cross-indexing systems to carry out the purpose of this Act,
including—
(A) a publicly available list of all registered lobbyists, lobbying firms, and their clients;
and
(B) computerized systems designed to minimize the burden of filing and maximize
public access to materials filed under this Act;
(4) make available for public inspection and copying at reasonable times the registrations
and reports filed under this Act;
(5) retain registrations for a period of at least 6 years after they are terminated and reports
for a period of at least 6 years after they are filed;
(6) compile and summarize, with respect to each semiannual period, the information
contained in registrations and reports filed with respect to such period in a clear and
complete manner;
(7) notify any lobbyist or lobbying firm in writing that may be in noncompliance with this
Act; and
(8) notify the United States Attorney for the District of Columbia that a lobbyist or lobbying
firm may be in noncompliance with this Act, if the registrant has been notified in writing
and has failed to provide an appropriate response within 60 days after notice.8
The HLOGA further requires the Clerk and the Secretary to electronically register lobbyists and
collect quarterly disclosure and semiannual contribution reports; make registrations and filings
available on the internet; and review each registration and filing for accuracy, notify lobbyists of a

5 U.S. Congress, Senate Committee on Governmental Affairs, Lobbying Disclosure Technical Amendments Act of
1997, report to accompany S. 758, 105th Cong., 1st sess., S.Rept. 105-147 (Washington: GPO, 1997), p. 2.
6 P.L. 110-81, 121 Stat. 739, September 14, 2007.
7 P.L. 79-601, 60 Stat. 839-842, August 2, 1946.
8 2 U.S.C. §1605(a)(8).
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misfiling, and refer appropriate cases to the U.S. attorney’s office for the District of Columbia.9
To meet these responsibilities, the Clerk and the Secretary use a single electronic filing system,
whereby lobbyists and lobbying firms register once and documents are automatically transmitted
to both offices.10
Role of Clerk of the House and Secretary of
the Senate
The Clerk of the House and the Secretary of the Senate are responsible for implementing the
LDA’s lobbyist registration and disclosure provisions for the House of Representatives, the
Senate, and the executive branch. As neither the Clerk nor the Secretary have rule-writing or
regulatory authority under the LDA, but the law directs the offices to provide guidance and
assistance, they issue a joint guidance document to inform lobbyists and the public of how they
intend to carry out their registration and disclosure duties.11
The law requires that new registration statements are filed no later than 45 days after the first
lobbying contact is made or an individual is employed to make a lobbying contact,12 quarterly
reports are filed within 20 days of the end of each quarterly period,13 and semiannual contribution
reports are filed “not later than 30 days after the end of the semiannual reporting period.”14 All
lobbyists and lobbying firms filing registration and disclosure statements are required to file with
the Clerk and the Secretary through a joint portal maintained at
http://lobbyingdisclosure.house.gov, or http://www.senate.gov/lobby.
Electronic Filing
With the enactment of the HLOGA amendments, electronic filings became mandatory, except
when an individual is amending documents filed under the previous system, or in instances where
electronic filing is not possible for an individual with a condition covered by the Americans with
Disabilities Act.15 Accordingly, the Clerk and the Secretary created a joint electronic registration
system, utilizing the previous Senate system’s user ID and password protocols.16 Further, they
have developed a website that provides the necessary software applications to make all filings.17
Detailed instructions on the registration and disclosure process and a summary of filing
requirements are available on both the House and Senate lobbying disclosure websites.18 The

9 2 U.S.C. §1606.
10 U.S. Congress, Clerk of the House of Representatives, “Lobbying Disclosure FAQ,” at
http://lobbyingdisclosure.house.gov/FAQ.html; and U.S. Congress, Secretary of the Senate, “Lobbying Disclosure
FAQ,” at http://www.senate.gov/legislative/Public_Disclosure/FAQs.htm.
11 2 U.S.C. §1605.
12 2 U.S.C. §1603.
13 2 U.S.C. §1604(a). Quarterly periods end on March 31, June 30, September 30, and December 31 each year.
14 2 U.S.C. §1604(d)(1). Semiannual periods end on December 31 and June 30 each year.
15 P.L. 110-81, §205, 121 Stat. 746, September 14, 2007.
16 The Secretary of the Senate maintains a website at http://soprweb.senate.gov/ for lobbyists and lobbying firms to
obtain user IDs and passwords online. When requesting a password, lobbyist information is simultaneously transmitted
to both the Clerk of the House and Secretary of the Senate.
17 U.S. Congress, Clerk of the House of Representatives, “Lobbying Disclosure Forms and Software,” at
http://lobbyingdisclosure.house.gov/software.html.
18 U.S. Congress, Clerk of the House of Representatives, “Lobbying Disclosure, Office of the Clerk,” at
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Clerk and the Secretary are responsible for maintaining the electronic filing system website and
for providing updated information in response to lobbyist questions and congressional
amendments.
Civil and Criminal Penalties
The law requires the Clerk and the Secretary to notify lobbyists of noncompliance and to notify
the U.S. attorney for the District of Columbia of a lobbyist’s or lobbying firm’s noncompliance,
after giving 60 days’ notice.19
The Clerk of the House’s Legislative Resource Center and the Secretary of the Senate’s Office of
Public Records have been given responsibility for reviewing each filing to ensure accuracy and
for issuing notices to those who have not complied. If a notice is issued to a registrant, the
registrant has 60 days to respond, after which the Clerk and the Secretary may forward instances
of noncompliance to the U.S. attorney’s office for the District of Columbia.20
Publicly Available Registration and Disclosure Data
The law instructs the Clerk and the Secretary to make registration and disclosure information
publicly available for at least six years.21 Further, the law requires the Clerk and the Secretary to
(3) develop filing, coding, and cross-indexing systems to carry out the purpose of this Act,
including—(A) a publicly available list of all registered lobbyists, lobbying firms, and their
clients; and (B) computerized systems designed to minimize the burden of filing and
maximize public access to materials filed under this Act; (4) make available for public
inspection and copying at reasonable times the registrations and reports filed under this
Act.22
To satisfy the LDA’s requirements for public availability,23 the Clerk and the Secretary
established websites for the public to inspect registration and disclosure documents on the
internet.24 The Lobbying Disclosure Act Guidance (in Section 10) states that the Clerk and the
Secretary will use the internet to deliver the content of the reports.25

http://lobbyingdisclosure.house.gov, U.S. Congress, Secretary of the Senate, “Public Disclosure,” at
http://www.senate.gov/lobby.
19 2 U.S.C. §1605(a)(7)-(8). The LDA states that the Clerk of the House and the Secretary of the Senate must “(7)
notify any lobbyist or lobbying firm in writing that may be in noncompliance with this Act; and (8) notify the United
States Attorney for the District of Columbia that a lobbyist or lobbying firm may be in noncompliance with this Act, if
the registrant has been notified in writing and has failed to provide an appropriate response within 60 days after notice
was given under paragraph (7).”
20 For more information on the role of the U.S. Attorney’s Office for the District of Columbia in the prosecution of
HLOGA related violations see, U.S. Government Accountability Office, Lobbying Disclosure: Observations on
Lobbyists’ Compliance with New Disclosure Requirements, GAO-08-1099, September 30, 2008, pp. 15-18.
21 2 U.S.C. §1605(a)(5).
22 2 U.S.C. §1605(a)(3)-(5).
23 2 U.S.C. §1605(a)(9).
24 The Secretary of the Senate’s searchable LDA reports is accessible at http://senate.gov/legislative/Public_Disclosure/
LDA_reports.htm. The Clerk of the House’s searchable reports are accessible at https://disclosurespreview.house.gov.
25 U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Lobbying Disclosure Guidance,
110th Cong., 2nd sess., July 16, 2008. (Hereinafter, LDA Guidance July 2008.)
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Lobbying Disclosure Guidance Document
The HLOGA lobbying amendments to LDA took effect on January 1, 2008. As required,26 the
Clerk and the Secretary issued their first joint guidance document on December 10, 2007.27 The
guidance document is updated, as needed, to reflect changes in guidance from the Clerk and the
Secretary. The guidance document is posted on both the Clerk’s and Secretary’s lobbying
websites.28 It was most recently updated on February 28, 2021. Table 1 lists when the Clerk and
the Secretary updated the guidance document and the changes made in each update.
Table 1. Guidance Document Updates
Since December 10, 2007
Date
Updates
May 29, 2008
Provided additional guidance on semiannual reporting requirements under the HLOGA
Section 203 (related to political and other contributions and activities).a
July 16, 2008
Clarified the types of disclosures required under the HLOGA Section 203.a
January 6, 2009
Revised requirements for special registration circumstances, quarterly reporting of
lobbying activities, and semiannual reporting of political and other contributions.
February 3, 2009
Raised registration thresholds to $3,000 in total income from a client for individuals or
$11,500 in total income from a client for an organization, in any given quarterly period.b
June 9, 2009
Revised requirements for registration, removed provision requiring lobbyists to disclose
activities regardless of quarterly activity, clarified the definition of active registrants and
lobbyists required to file LD-203 forms, and clarified appropriate registrant termination
policies and requirements to file LD-203 forms fol owing termination.c
December 23, 2009
Revised language on registration for foreign entities to require reporting of foreign
affiliates, added codes to report tariff related lobbying, refined definitions on reporting
estimated lobbying expenses, added “in-kind” contributions to required semiannual
campaign contribution disclosures, and incorporated previous notices on lobbyist
termination.d
June 10, 2010
Modified requirements that lobbyists list previous covered executive or legislative branch
positions held within 20 years of first acting as a lobbyist for each client, and updated
language to “stress” that lobbyists and registrants must file a semiannual report for each
semiannual period they remain active.
December 15, 2011e Reorganized definitions to alphabetize section on contribution reports, incorporated
previous verbal guidance on “listing of the client name when work is performed on behalf
of a third party,” and clarified the requirement of reporting on LD-2 forms “when a client
is a state and local government.”

26 2 U.S.C. §1605. Pursuant to Section 6 of the LDA, “The Secretary of the Senate and the Clerk of the House of
Representatives shall (1) provide guidance and assistance on the registration and reporting requirements of this Act and
develop common standards, rules and procedures for compliance with this Act; [and] (2) review, and, where necessary,
verify and inquire to ensure the accuracy, completeness and timeliness of registrations and reports[.]”
27 U.S. Congress, Clerk of the House of Representatives, “Statement regarding the issuance of revised guidance
concerning the Lobbying Disclosure Act,” press release, December 10, 2007.
28 The Lobbying Disclosure Act Guidance document can be found on the Clerk of the House’s website at
http://lobbyingdisclosure.house.gov/ldaguidance.pdf. The Secretary of the Senate’s website links to the guidance
document on the Clerk of the House’s web page.
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Date
Updates
February 15, 2013
Updated registration thresholds “to reflect changes in the Consumer Price Index ... during
the preceding 4-year period,” and raised the registration exemption for organizations
employing in-house lobbyists “.. if total expenses for lobbying activities does not exceed
and is not expected to exceed $12,500 during a quarterly period.” The income threshold
for lobbying firms remains unchanged at $3,000.f
June 15, 2016
Revised to make nonsubstantive technical changes, and to clarify the requirement that
lobbyists identify “their client and interest of foreign entities when making lobbying
contacts, and the requirement of covered officials or their employing authority to identify
whether the individual is a covered official.” Further, additional examples are provided of
reporting for outside retained lobbyists, of income and expense rounding and reporting,
and of reporting of agencies contacted. Clarification is provided that all lobbyists, including
sole proprietors, must file both disclosure (LD-2) and contribution (LD-203) forms; and
guidance is provided encouraging filers to use the online public database to verify
registration and disclosure reporting.
January 31, 2017
Updated registration thresholds to reflect changes in the Consumer Price Index, as
established by the Secretary of Labor. Further, the updated guidance document included
several clarifications and new examples. These include a clarification on the identification
of clients and covered officials in filings; additional examples of filings by outside lobbyists; a
new example clarifying that income or expenditures are required to be rounded to the
nearest $10,000; an example to clarify that “sole proprietors, including those who register
with their lobbyist name as the registrant name, are required to file two contribution
reports [LD-203] each filing period—one report for the registrant and one report for the
individual lobbyist”; and encouragement to filers to use the online public database for
compliance purposes.
February 28, 2021
Updated registration thresholds to reflect changes in the Consumer Price Index, as
established by the Secretary of Labor. Updates to reflect the enactment of the Justice
Against Corruption on K Street Act of 2018 (the JACK Act) were made to require all
registration and disclosure filings to include a statement on whether any listed lobbyist
“was convicted in a Federal or State court of an offense involving bribery, extortion,
embezzlement, an il egal kickback, tax evasion, fraud, a conflict of interest, making a false
statement, perjury, or money laundering, the date of the conviction and a description of
the offense.”g Further, guidance was updated on the identification of clients and covered
officials, the definition of covered officials, the listing of lobbyists on registration and
disclosure forms, and the listing of affiliates of registrants.
Source: U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Lobbying Disclosure
Guidance, 117th Cong., 1st sess., February 28, 2021, at http://lobbyingdisclosure.house.gov/ldaguidance.pdf.
Notes:
a. For more information, see 2 U.S.C. §1604.
b. Changes to the registration thresholds, which are indexed to inflation and adjusted quarterly, were effective
as of January 1, 2009. For more information about the registration thresholds, including the latest update in
January 2021, see, http://www.senate.gov/legislative/Public_Disclosure/new_thresholds.htm.
c. Further clarification of the guidance document on the termination of lobbyists was issued on June 16, 2009.
The guidance was amended to permit termination if a registered lobbyist “does not reasonably expect to
make further lobbying contacts.”
d. U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Clarification of Recent
Notice and Revised Guidance Regarding Conditions for Lobbyist Termination, 111th Cong., 1st sess., June 16, 2009,
http://lobbyingdisclosure.house.gov/0615_Notice_Lobbyist_Clarification.pdf.
e. Pursuant to 2 U.S.C. §1605, the Clerk of the House and the Secretary of the Senate reviewed the lobbying
disclosure guidance on June 12, 2012. No changes were made at that time.
f.
Changes were effective January 1, 2013.
g. P.L. 115-418, 132 Stat. 5440, January 3, 2019.
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Recent Updates
In January 2019, the Justice Against Corruption on K Street (JACK) Act of 2018 was enacted.29 It
amended the LDA to require registration and disclosure forms for registered lobbyists to include
for any listed lobbyist who was convicted in a Federal or State court of an offense involving
bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of
interest, making a false statement, perjury, or money laundering, the date of the conviction
and a description of the offense.30
Accordingly, on March 29, 2019, the Clerk and the Secretary issued a joint letter announcing
changes to the LD-1 and LD-2 forms to comply with the JACK Act and provide guidance on
reporting to lobbyists affected by the provision.31
Further, in March 2021, the Clerk and the Secretary announced that registration thresholds had
been updated to reflect changes in the Consumer Price Index. LDA requires this adjustment every
four years.32 The announcement stated
As required by the LDA, the lobbying disclosure thresholds have been updated to reflect
changes in the Consumer Price Index (as determined by the Secretary of Labor) during the
preceding 4-year period. After January 1, 2021, an organization employing in-house
lobbyists is exempt from registration if its total expenses for lobbying activities does not
exceed and is not expected to exceed $14,000 during a quarterly period. The $3,000 income
threshold per client for lobbying firms remains unchanged.33
The guidance document is divided into 12 sections. The LDA does not provide the Clerk and the
Secretary with the authority to write regulations or issue opinions on the law. The guidance
document is only meant as an interpretation of the law, and is not enforceable as law.34
 Section 1—Introduction. Provides background information on the LDA and the
responsibilities of the Clerk of the House and the Secretary of the Senate in
providing guidance to the lobbying community.
 Section 2—What’s New? Identifies changes made to the guidance since the last
update.
 Section 3—Definitions. Repeats terms defined in the LDA. These terms include
affiliated organizations, reports of certain contributions, client, covered executive
and legislative branch officials, lobbying activities, lobbying contact, lobbying
firm, lobbying registration, lobbying report, lobbying, and public official, among
others. Section 3 also adds the definition of “actively participates” from Section
207 of HLOGA.

29 P.L. 115-418, 132 Stat. 5440, January 3, 2019.
30 P.L. 115-418, §2(a)(3) and (b)(3).
31 U.S. Congress, House, Clerk of the House of Representatives, “JACK Act Guidance Memo,” March 29, 2019, at
https://lobbyingdisclosure.house.gov/Notice_re_JACK_Act.pdf.
32 2 U.S.C. §1603(a)(3)(B).
33 U.S. Congress, House, Clerk of the House of Representatives, “Important Notice March 2021—Updated Registration
Thresholds,” at https://lobbyingdisclosure.house.gov. See also, U.S. Congress, Senate, Secretary of the Senate, Office
of Public Records, “Registration Thresholds,” https://www.senate.gov/legislative/Public_Disclosure/
new_thresholds.htm.
34 LDA Guidance July 2008, p. 2.
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 Section 4—Lobbying Registration. Explains the lobbying registration process,
including who must register and when registrations are necessary.35 This section
also clarifies the preparations for filing registrations, exceptions to lobbying
contacts, the 20% activity threshold,36 the difference between a lobbying contact
and lobbying activity, alternative reporting methods, and the relationship between
the 20% activity and monetary thresholds. The monetary thresholds are updated
periodically to reflect changes in the Consumer Price Index (CPI). For each area,
the guidance document provides examples to illustrate the operation of the
section for the lobbying community. In addition, this section provides guidance
on when and how to report foreign entity contributions to lobbying activity.37
 Section 5—Special Registration Circumstances. Outlines conditions that could
affect the registration of lobbyists or lobbying firms under the LDA. These
special circumstances include lobbying firms retained by contingent fees;
registration by entities with subsidiaries or state and local affiliates; the effect of
mergers and acquisitions; registration for associations, coalitions, churches, and
associations of churches; registration for firms hired by churches or church
associations; and the registration of professional associations of elected officials.
 Section 6—Quarterly Reporting of Lobbying Activities. Explains when and
why quarterly reports are needed, and provides instructions on how to complete
lobbying disclosure forms LD-138 and LD-2.39 In addition, Section 6 defines how
to report firm income, indicates when it is appropriate to report income or
expenses, provides examples on the type of material that should be included in a
quarterly report, indicates that organizations that pay dues to other organizations
must report the portion of their dues used for lobbying activities,40 removes
previous guidance that registrants who previously filed LD-2 forms could be
required to file again in the future, even if they did not meet reporting thresholds
in a given quarter,41 reminds filers that “all expenses of lobbing activities

35 The LDA Guidance Document issued on June 9, 2009 provided a test for triggering registration requirements. “The
registration requirement of potential registrant is triggered either (1) on the date their employee/lobbyist is employed or
retained to make more than one lobbying contact on behalf of a client (and meets the 20% of time threshold), or (2) on
the date their employee/lobbyist in fact makes a second lobbying contact (and meets the 20% of time threshold),
whichever is earlier.” See, U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Lobbying
Disclosure Guidance, 111th Cong., 1st sess., June 9, 2009. (Hereinafter, LDA Guidance June 2009.)
36 2 U.S.C. §1602(7) defines “lobbying activities.” A “lobbyist” is someone who makes more than one “lobbying
contact” and spends at least 20% of his or her time engaged in “lobbying activities” for his or her client or employer.
Additionally, as a requirement to register, the lobbyist must have received at least $2,500 in a quarterly reporting period
from a client, or, if an in-house lobbyist, the organization had to spend at least $10,000 on “lobbying activities.”
37 U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Lobbying Disclosure Guidance,
111th Cong., 1st sess., December 23, 2009. (Hereinafter, LDA Guidance December 2009.)
38 Form LD-1 is used for initial registration by a lobbyist or lobbying firm. A detailed guide to filing reports is available
through the House website at http://lobbyingdisclosure.house.gov/ld_user_guide.pdf.
39 Form LD-2 is used by lobbyists and lobbying firms to fulfill their quarterly reporting requirements. A detailed guide
to filing reports is available through the House website at http://lobbyingdisclosure.house.gov/ld_user_guide.pdf.
40 U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Lobbying Disclosure Act
Guidance, 111th Cong., 1st sess., January 16, 2008. (Hereinafter, Lobbying Guidance January 2009.)
41 LDA Guidance June 2009, p. 17. Previous guidance documents stated that “Once an individual has met the definition
of a lobbyist and has been disclosed or identified as such, he or she does not need to meet that standard every reporting
period in order to trigger the required disclosure of his or her lobbying activities.” This guidance was removed in the
June 9, 2009, release.
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Lobbying Registration and Disclosure: The Role of the Clerk and Secretary

incurred during a quarterly period are reportable,”42 provides for a specific
reporting code for lobbying on tariff bills,43 reminds filers that all new lobbyists
must list “previous covered executive or legislative branch positions held within
twenty (20) years of first acting as a lobbyist for a client,”44 and reiterates that the
“requirement to disclose a foreign interest ... is not contingent upon the entity
making a contribution ... to the registrant during that particular reporting
period.”45
 Section 7—Semiannual Reporting of Certain Contributions. Discusses when
and why semiannual reports are needed, the basics of form LD-203;46 who is
required to file LD-203;47 the required contents of the semiannual report48
(regardless of whether they make a reportable contribution),49 including
examples; that third-party preparers should “retain appropriate documentation to
demonstrate that they have authorization to make such filing on behalf of all
filers (including lobbyist-employees of registrants) using their services,50 and that
in-kind contributions should be reported.51
 Section 8—Termination. Explains the procedure for the termination, for
recording purposes, of a lobbyist from a lobbying firm or of a registrant’s
relationship with a client, including when removing a registrant is appropriate.52
 Section 9—Relationship of LDA to Other Statutes. Briefly explains the
relationship between LDA and three other statutes. These statutes are the Foreign

42 LDA Guidance December 2009, p. 14.
43 LDA Guidance December 2009, p. 17.
44 U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Lobbying Disclosure Guidance,
111th Cong., 2nd sess., June 10, 2010, p. 18. (Hereinafter, LDA Guidance June 2010.)
45 LDA Guidance December 2009, p. 18.
46 Form LD-203 is the lobbying report form used by lobbyists and lobbying firms to fulfill their semiannual reporting
requirement of political and other contributions and activities. On June 30, 2008, the Clerk and the Secretary released
the LD-203 Contribution Reporting System. To access the system, registrants use the same ID and password required
for other lobbying disclosure forms. The LD-203 form can only be viewed through the LD-203 Contribution Reporting
System on the lobbying disclosure website at https://lda.congress.gov/LC.
47 All “active” registrants and individuals who are listed as active lobbyists by their employer on forms LD-1 and LD-2
are required to file form LD-203 by June 30 and December 31 (or the next business day should either occur on a
weekend or holiday). A registrant or individual is “active” if the registrant has not submitted a termination form
pursuant to Section 8 of the guidance document. LDA Guidance June 2009, p. 18, provides additional clarification by
reminding sole proprietors and small lobbying firms of their requirement to file two reports: one by the registrant and
one by the listed lobbyist, even if those individuals are the same.
48 Lobbying Guidance January 2009, p. 21. The guidance document also contains a reminder that each registrant is
responsible for maintaining the integrity and use of their password and notifying the Clerk and the Secretary if a
password might have been used without authorization.
49 LDA Guidance June 2010, p. 19.
50 Lobbying Guidance January 2009, p. 24.
51 LDA Guidance December 2009, p. 20.
52 LDA Guidance June 2009, p. 23. Further clarification on termination of a registered lobbyist was issued on June 16,
2009. See U.S. Congress, Clerk of the House of Representatives and Secretary of the Senate, Clarification of Recent
Notice and Revised Guidance Regarding Conditions for Lobbyist Termination, 111th Cong., 1st sess., June 16, 2009, at
http://lobbyingdisclosure.house.gov/0615_Notice_Lobbyist_Clarification.pdf.
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Lobbying Registration and Disclosure: The Role of the Clerk and Secretary

Agents Registration Act (FARA),53 the Internal Revenue Code (IRC),54 and the
False Statements Accountability Act of 1996.55
 Section 10—Public Availability. States that the LDA requires the Clerk of the
House and the Secretary of the Senate “to make all registrations and reports
available for public inspection over the Internet as soon as technically practicable
after the report is filed.”56
 Section 11—Review and Compliance. States that the Clerk of the House’s
Legislative Resource Center and the Secretary of the Senate’s Office of Public
Records “must review, verify, and request corrections in writing to ensure the
accuracy, completeness, and timeliness of registrations and reports filed under the
Act.”57
 Section 12—Penalties. Restates the civil and criminal penalties for filing
incorrect or false information.58
Semiannual Report of Certain Contributions
Pursuant to 2 U.S.C. §1604(e), the Clerk and the Secretary created a contributions reporting
system and website that allows lobbying organizations and individual lobbyists to register
electronically using their existing ID and password.59 The website contains a help feature to assist
lobbying organizations and lobbyists navigate the form.60

53 22 U.S.C. §§611-621. For more information see, U.S. Department of Justice, National Security Division, Foreign
Agents Registration Unit, at https://www.justice.gov/nsd-fara. Both LDA §9 and HLOGA §212 amended the Foreign
Agents Registration Act. For more information on FARA, see CRS Report R46435, Foreign Agents Registration Act
(FARA): Background and Issues for Congress, by Jacob R. Straus.
54 26 U.S.C. et seq., as amended. The Internal Revenue Code can also be found on the Internal Revenue Service
website at https://www.irs.gov/privacy-disclosure/tax-code-regulations-and-official-guidance.
55 18 U.S.C. §1001.
56 LDA Guidance July 2008, p. 26.
57 Ibid.
58 2 U.S.C. §1606, as amended. The HLOGA amended the LDA to establish the following penalties: “(a) Civil
Penalty—Whoever knowingly fails to—(1) remedy a defective filing within 60 days after notice of such a defect by the
Secretary of the Senate or the Clerk of the House of Representatives; or (2) comply with any other provision of this
chapter; shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of
not more than $200,000, depending on the extent and gravity of the violation. (b) Criminal Penalty—Whoever
knowingly and corruptly fails to comply with any provision of this Act shall be imprisoned for not more than 5 years or
fined under title 18, United States Code, or both.”
59 The LD-203 form can be completed by logging into the Contributions Reporting System website:
https://lda.congress.gov/LC. The LD-203 form cannot be viewed without logging into the system.
60 U.S. Congress, Clerk of the House and Secretary of the Senate, LCUserManualV1, at https://lda.congress.gov/LC/
help/default.htm?turl=WordDocuments%2Faccessingthesystem.htm. The user manual is also available as a PDF file at
http://www.senate.gov/legislative/resources/pdf/LCUserManualV1.pdf.
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Author Information

Jacob R. Straus

Specialist on the Congress

Disclaimer
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under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
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