ENHANCING THE LOBBYING DISCLOSURE ACT (LDA) IN THE USA

The Sunlight Foundation (USA) is advocating for a Lobbyist Disclosure Enhancement Act. This legislation would significantly increase public knowledge of influence wielding in Washington DC. The legislation would require lobbyists to disclose the names of the covered executive branch officials or Members of Congress lobbied (or the name of the employer if the lobbyist meets with staff), the dates of the meetings, and the issues discussed. The bill would also close a loophole in who needs to report- a loophole which currently allows some of the most powerful in Washington to engage in lobbying activities with no disclosure. The bill also significantly speeds disclosure of new registrations, reduces delays in reporting lobbyists’ contributions, and strengthens enforcement mechanisms.

Sunlight is also advocating for legislators to change lobbying rules so that the public has real-time, online information about who is influencing policy decisions on Capitol Hill.

Goals for Lobbying Disclosure Act Amendments

Stop stealth lobbying: Amend the definition of lobbyist to remove the 20% exemption.

Increase reporting of all significant contacts made by lobbyists including name of member of Congress or executive branch official: Define “significant contact” as an oral, written or electronic communication to a covered executive branch or legislative branch official made to influence an official action.

Provide for real time online registration of lobbyists: Require lobbyists to register online within 72 hours of making a lobbying contact or being hired to make a lobbying contact.

Require real time online reports of significant contacts: Require lobbyists to report within 72 hours any significant contacts with covered executive or legislative branch officials. Each report shall contain:

• The name of the covered legislator or executive branch official with whom a lobbying contact was made
• A summary of the nature of the contact, including the date of the contact; the specific action or actions requested of the covered legislative branch official during the contact; and if the contact was made on behalf of a client, the name of the client.

This would not change the quarterly reports required to identify clients and estimated income.

Require real time online reports of contributions by lobbyists: Require lobbyists to report contributions, including bundled contributions, within 72 hours of making the contribution.

Require disclosure of bundled contributions made by non-registered lobbyists: Amend FECA to require political committees to file a separate schedule setting forth the name, address, and employer of each person reasonably known by the committee who provided bundled contributions to the committee over a threshold amount during the covered period. This information shall be made publicly available by the Federal Election Commission in a manner that is searchable, sortable, downloadable and machine readable and shall be linked to the lobbying disclosure web sites of the Secretary of the Senate and the Clerk of the House.

Require reporting contacts by people who bundle contributions: Campaign committees shall forward to each named contributor of a bundled contribution notice that he or she has been identified in the committees campaign finance report. Bundlers are thereby put on notice that they will then be required to report significant contacts with covered legislative and executive branch officials. LDA reporting requirements will apply.

Require disclosure of Astroturf lobbying activities [ Astroturf lobbying refers to political organizations or campaigns that appear to be made up of grassroot activists, but are actually organized and run by corporate interests seeking to further their own agendas. Such groups are often typified by innocent-sounding names that have been chosen specifically to disguise the group’s true backers] paid for by registered lobbyists and professional Astroturf lobbying firms.

Require professional “Astroturf” lobbying firms to register and report the amounts they receive to conduct Astroturf lobbying campaigns.

Require registered lobbyists to report a good faith estimate of the aggregate amount they spend on “Astroturf’ lobbying efforts- efforts to communicate to the general public not their own members if the spending is more than $ 25,000 during a quarter.

Define “paid efforts to stimulate grassroots lobbying” as any paid attempt to influence the general public to contact one or more covered legislative or executive branch officials to urge such officials to take specific action. It does not include any communications by an entity directed to its members, employees, officers or stakeholders. Excludes an attempt to influence directed at less than 500 members of the general public.

Define “grassroots lobbying firms” as person or entity that is retained by 1 or more clients to engage in paid efforts to stimulate grassroots lobbying and receives income of, or spends or agrees to spend an aggregate of € 25,000 or more for such efforts in any quarter period.

Require Astroturf lobbying firms to register with the Secretary of the Senate and Clerk of the House within 72hours of being retained to engage in paid efforts to stimulate grassroots lobbying.

Require all lobbyists to use the LDA definitions of lobbying: Ensure comprehensive reporting and comparability of reports by requiring all registrants to use the LDA definitions of lobbying instead of allowing them to chose between the LDA definitions and two different IRS definitions.