Lobbying Disclosure: Themes and Issues, 110th Congress

Publication Date: January 2007

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

Type:

Abstract:

Recent incidents concerning a convicted lobbyist and the provision of privately funded travel, free meals and entertainment by lobbyists to Members of Congress, congressional staff, and some executive branch officials have focused broad public and congressional attention on the interactions between government officials and lobbyists. The First Amendment to the Constitution provides opportunity for interest groups to participate in public policy making by prohibiting laws abridging freedom of speech, while guaranteeing the right of the people to peaceably assemble and to petition the government for a redress of grievances, but lobbying is controversial. Any consideration of current law related to lobbying will likely involve discussing the balance between open, transparent, and accountable governance through thorough public disclosure of activities carried out by lobbyists, and the rights of lobbyists, on their own, or on behalf of a client, to exercise constitutionally guaranteed rights.

The attention of policy makers has in the past focused in two general areas: (1) the efficacy of current lobbying disclosure requirements; and (2) congressional rules governing interactions between lobbyists, Members of Congress, and their staffs, and statutes governing similar relationships between lobbyists and executive branch officials. This report focuses primarily on issues related to lobbying disclosure procedures and their potential amendment.

The regulation of lobbying disclosure is governed by the Lobbying Disclosure Act of 1995 (LDA), as amended. During the early organizational period prior to the 110th Congress, it was reported that leaders of the new incoming majorities in both chambers indicated that lobbying disclosure procedures are likely to be considered as part of a broader package of ethics and procedural initiatives related to lobbying activities. Some of that consideration might include the following issues related to lobbying disclosure: (1) defining clients under LDA to incorporate coalitions and grassroots lobbying; (2) frequency and scope of disclosure; (3) revolving door provisions; (4) lobbyist contributions and payments; (5) linking lobbying disclosure information with Federal Election Commission reports; and (6) LDA enforcement and administration.

This report will be updated as warranted. For further background information and analysis regarding lobbying-related proposals, please consult the CRS Current Legislative Issues page on Lobbying, Ethics and Related Procedural Reform at [http://beta.crs.gov/cli/cli.aspx?PRDS_CLI_ITEM_ID=2405].