Honest Leadership and Open Government Act of 2007: The Role of the Clerk of the House and the Secretary of the Senate

Jacob R. Straus
Analyst on the Congress

On September 14, 2007, President George W. Bush signed S. 1, the Honest Leadership and Open Government Act of 2007 (P.L. 110-81), into law. The Honest Leadership and Open Government Act (HLOGA) amended the Lobbying Disclosure Act of 1995 (P.L. 104-65, as amended) to provide, among other changes to federal law and House and Senate rules, additional and more frequent disclosures of lobbying contacts and activities. This report focuses on the role of the Clerk of the House of Representatives and the Secretary of the Senate in implementing the new lobbying registration and disclosure requirements and provides an overview of the guidance document they have jointly issued.

Under the HLOGA and its predecessors, the Clerk of the House and the Secretary of the Senate manage the registration, filing process, and the collection of documents submitted by the lobbying community. Prior to the HLOGA, lobbyists were required to file documents with both the Clerk and the Secretary. These forms are now filed electronically and jointly. In addition, the Clerk and the Secretary are responsible for making documents publicly available and reporting incorrect or false filings to the U.S. attorney for the District of Columbia.

To provide direction to the lobbying community, the Clerk of the House and the Secretary of the Senate jointly issued a guidance document for HLOGA in December 2007. The guidance document identifies eight substantive changes to the 1995 Lobbying Disclosure Act, and discusses how the Clerk and Secretary interpret and plan to implement the HLOGA's new provisions. In addition, the guidance document provides direction on successful completion of quarterly registration and disclosure documents, the new semi-annual reporting requirement, and interpretation of the Clerk and Secretary's role in referring the new criminal and civil penalties for filing incorrect or false information to the U.S. attorney.

The guidance document has been amended seven times since its initial issuance. Most recently, the document was updated on June 15, 2010, to include quarterly reporting of lobbying activities and semiannual reporting of certain contributions.

For further analysis on the Honest Leadership and Open Government Act and its other provisions, including amendments to House and Senate gift rules, travel restrictions, and campaign contributions, see CRS Report RL34166, Lobbying Law and Ethics Rules Changes in the 110th Congress, by Jack Maskell; CRS Report RL31126, Lobbying Congress: An Overview of Legal Provisions and Congressional Ethics Rules, by Jack Maskell; CRS Report RS22566, Acceptance of Gifts by Members and Employees of the House of Representatives Under New Ethics Rules of the 110th Congress, by Jack Maskell; and CRS Report R40245, Lobbying Registration and Disclosure: Before and After the Enactment of the Honest Leadership and Open Government Act of 2007, by Jacob R. Straus.


Date of Report: June 25, 2010
Number of Pages: 15
Order Number: RL34337
Price: $29.95

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