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

Jack Maskell
Legislative Attorney

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, as amended by the "Honest Leadership and Open Government Act of 2007," P.L. 110-81 (S. 1, 110th Congress); the Foreign Agents Registration Act; the issue of the propriety of contingency fees for lobbying; restrictions on lobbying with federal funds; post-employment ("revolving door") lobbying activities by former federal officials; and House and Senate ethics rules 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 current lobbying registration and disclosure provisions establish clearer criteria and thresholds for determining when an organization should register its employees or staff as lobbyists or when a lobbying firm or individual lobbyist needs to register and identify clients. 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 post-employment lobbying of certain high ranking officials of the federal government for a period of time after they leave government service ("revolving door" laws). Additionally, to deal with similar perceptions of undue or improper influence and access, both Houses of Congress have adopted internal 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, or their clients. No gifts may be accepted by Members, officers, or employees except as permitted in the rules of the respective chamber; and thus even small gifts, as well as more significant travel expenses for conferences or "fact finding" events provided to congressional Members and staff from private parties such as lobbyists and their clients, are regulated and restricted by the provisions of House and Senate rule. Under the new "ethics and lobbying" law (P.L. 110-81), registered lobbyists must be familiar with these restrictions and regulations on gifts to Members of Congress in House and Senate rules, and must certify to the Government that they have not offered gifts or things of value to Members or staff which would violate these rules.


Date of Report: March 31, 2010
Number of Pages: 34
Order Number: RL31126
Price: $29.95

Document available electronically as a pdf file or in paper form.
To order, e-mail sales@pennyhill.com or call us at 301-253-0881.