Lobbying Congress: An Overview of Legal Provisions and Congressional Ethics Rules

Publication Date: December 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

Type:

Abstract:

This report provides a brief overview and summary of the federal laws, ethical rules and regulations which may be relevant to the activities of those who lobby the United States Congress. The report provides a summary discussion of the federal lobbying registration and disclosure requirements of the Lobbying Disclosure Act of 1995, the Foreign Agents Registration Act, questions on the propriety of contingency fees for lobbying, restrictions on lobbying with federal funds, postemployment ("revolving door") lobbying activities by former federal officials, and House and Senate ethics rules which may be relevant to contacts with private lobbyists.

The Lobbying Disclosure Act of 1995 was enacted to replace a nearly 50-year old lobbying registration law that was seen as vague and inadequate. The more recent legislation establishes clearer criteria and thresholds for determining when an organization or firm should register its employees or staff as lobbyists. The Act is directed at professional lobbyists, that is, those who receive payments to lobby for an employer or a client, and requires the registration and reporting of certain identifying information and general, broad financial data. In addition to the Lobbying Disclosure Act, the Foreign Agents Registration Act requires the registration and reporting from those who act as agents of a foreign government or foreign political party, and who engage in "lobbying" or other similar political advocacy activities on behalf of their foreign principal.

Various provisions of federal law have been enacted and regulations promulgated to restrict the use of any federal funds for lobbying purposes, either by the agencies of the federal government or by federal contractors or grantees.

In attempts to limit what has been perceived to be potential undue or improper influence in governmental processes, restrictions have been adopted to limit the postemployment lobbying of certain high ranking officials of the federal government for a period of time after those officials leave government service (so-called "revolving door" laws). Similarly, to deal with perceptions of undue or improper influences, both Houses of Congress have adopted strict new rules regarding the acceptance of gifts and favors by Members, officers or employees of the House or Senate from private sources, particularly from registered lobbyists or agents of foreign principals. No gifts may be accepted by Members, officers or employees, except as permitted in the Rules of the respective chamber.