The Lobbying Disclosure Act at 20: Analysis and Issues for Congress

Summary

On December 19, 1995, President William Jefferson Clinton signed the Lobbying Disclosure Act (LDA) into law (2 U.S.C. §1601, et seq.). In his comments when signing the law, President Clinton identified a central question that continues to be an issue for lobbying laws: how can individual citizens’ rights be balanced against the desire to regulate and potentially control the access of special interests to government? As lobbying laws have been developed in the United States, the balance between the right of “ordinary Americans” to petition the government and the access that professional lobbyists can have to Members of Congress and executive branch decisionmakers has been at the forefront.

The four major federal lobbying laws—the Foreign Agents Registration Act (FARA) of 1938, the Regulation of Lobbying Act (RLA) of 1946, the Lobbying Disclosure Act (LDA) of 1995, and the Honest Leadership and Open Government Act (HLOGA) of 2007—were enacted in response to changes in practice or perception surrounding lobbying. In most cases, the enactment, repeal, or amendment of lobbying laws was a response to multiple contextual changes that provided a policy window in which change was possible.

This report provides an retrospective and prospective analysis of the LDA on its 20th anniversary, using research conducted and data collected by the Bush School of Government and Public Service at Texas A&M capstone class over the 2014-2015 academic year. As the LDA turns 20, several issues, each already addressed to some extent in other statutes, have the potential to cause additional shifts in lobbying practices and perception. These include

Shadow lobbying—when an individual who is paid to engage public officials on behalf of clients does not register as a lobbyist. Shadow lobbying may raise questions about what practices and activities should trigger lobbyist registration requirements.

Grassroots lobbying—attempts to persuade government decisionmakers and influence policy outcomes by shifting public opinion and motivating citizens to take action, often by contacting Representatives and Senators. Grassroots lobbying is generally unregulated, although legislation has been introduced in the past that would require grassroots lobbying activities be registered and disclosed.

Revolving door—when federal employees leave the government for employment in the private sector or the government hires former private sector employees for government jobs. There are a number of post-employment restrictions that impose limits on federal employees moving to the private sector, or former lobbyists moving to the public sector. Analysis of whether current restrictions strike a suitable balance, are too restrictive, or too permissive, may be instructive.

As these issues evolve, Congress has many options available to potentially amend existing lobbying laws. These include options to

change the definition of lobbying;

change disclosure thresholds for registered lobbyists; and

adjust resources available for implementation and enforcement.

Additionally, Congress could choose not to amend existing lobbying laws and maintain current standards.