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Wednesday, April 27, 2011

Lobbying Registration and Disclosure: Before and After the Enactment of the Honest Leadership and Open Government Act of 2007


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 (LDA) 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 disclosure of lobbying contacts and activities. This report focuses on changes made to lobbying registration, termination, and disclosure requirements and provides analysis of the volume of registration, termination, and disclosure reports filed with the Clerk of the House of Representatives and the Secretary of the Senate before and after the HLOGA’s passage. This report does not analyze the content of these reports.

Under the LDA, as amended by the HLOGA, the Clerk and the Secretary manage the collection of registration, termination, and disclosure reports made by lobbyists and lobbying firms. Prior to the HLOGA, lobbyists and lobbying firms were required to submit semi-annual reports to the Clerk and the Secretary. The HLOGA amendments to the LDA modified reporting requirements to require quarterly filing of disclosure and termination reports. These forms are available for public inspection from the Clerk’s and Secretary’s websites.

The filing of registration, termination, and disclosure reports under the HLOGA amendments has continued at approximately the same pace as under the LDA. Examining data for filings between 2001 and 2007 under the LDA, and for 2008 through 2010 under the HLOGA amendments, reveals that the number of new registrations has remained mostly consistent under the HLOGA amendments. The termination reports filed by lobbyists and lobbying firms no longer representing a client have also remained constant following the implementation of the HLOGA amendments. Only disclosure reports, now filed quarterly, show a change between 2007 and 2010. Under the HLOGA amendments, the number of disclosure reports filed in the fourth quarter between 2008 and 2010 has decreased from filings between 2001 and 2007.

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 110
th 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; CRS Report RL34377, Honest Leadership and Open Government Act of 2007: The Role of the Clerk of the House and the Secretary of the Senate, by Jacob R. Straus; and CRS Report R40091, Campaign Finance: Potential Legislative and Policy Issues for the 111th Congress, by R. Sam Garrett.


Date of Report: April 22, 2011
Number of Pages: 20
Order Number: R40425
Price: $29.95

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