The long talked about changes in the Lobbying Disclosure Act are
about to happen when the President signs the optimistically titled
“Honest Leadership and Open Government Act of 2007.”
Amendments adopted by the Congress to the Lobbying Disclosure Act
of 1995 (LDA) will change Senate rules that regulate gifts to Senators
and staff. It amends the federal criminal statue that defines lobbying
restrictions for former government employees. The House has previously
amended its own gift rules.
Left untouched are provisions covering so-called “earmarking” of funds
added after appropriation bills are reported out of House and Senate
committees with jurisdiction over funding for departments and agencies
of the federal government.
The lobbying reform legislation makes only modest changes to substantive
rules previously in effect. It leaves in effect the numerous exceptions
to the congressional gift rules. But, the LDA dramatically increases
the civil and criminal exposure of lobbyist and their employers.
Lobbying firms, corporations, and associations now registering under
the LDA rules, will have to sign semiannual “certificates” stating
that they have not violated any of the new House and Senate gift rules.
The new provisions of the updated LDA seem designed to push the Department
of Justice into more active enforcement of the current loosely enforced
LDA.
Under current LDA rules, it is much harder to legally take a Congressman
or staffer to lunch. The “personal friendship” situation, or “widely
attended” events, certain receptions, and, most certainly, fundraisers
are alive and well. Lobbyists will still get the calls from the Senators
and Congressmen for the thousand plus dollar fundraisers. No Congressman
will be liable for violations under the new rules for asking for money
from the lobbyists for campaigns, or whatever.
The changes in the LDA will require quarterly reports, within 20 days
of the end of each quarter. Reports will have to list all political
committees established or controlled by the organization or individual
registrant or lobbyist. Also required under the new rules will be
the names of PACs and political committees to which $200 or more was
made within the semiannual reporting period for the PACs and committees.
The dates of the contribution and the amounts must be reported.
The new LDA rules permit members of Congress to accept travel expenses
offered by a lobbyist or employer only from charitable organizations
for one-day events. If a Senator accepts travel from a lobbyist or
organization under these restrictions the travel will have to be cleared
by the ethics committee. No staffers will be allowed to accompany
the Senators. House ethics rules generally prohibit travel on corporate
and private aircraft.
If a Senator accepts transportation on a private aircraft from a lobbyist
or employer they must pay regular charter rates. This applies to campaign
travel although there is an exemption in the new LDA rules for federal
candidates using aircraft owned or leased by them or their families.
The LDA rules also cover the “cooling off” period, which requires
congressional employees to not lobby congress for one year. But, they
can provide “behind the scenes” legislative advice to their private
sector clients and employees. The “cooling off” period for Senators
has been extended from one to two years. House members are subjected
to a one-year “cooling off” period.
When the new law is in full operation it will require more extensive
and more easily searchable publication of lobbying disclosure information
on the Internet. After a shakedown period the new law will require online
publication of Foreign Agents Registration Act registrations and reports
for the first time. Media and watchdog groups will find it easier to
track and critique lobbying activity.