Lobbying Disclosure Reform Act of 2022
This bill makes a series of changes to requirements relating to registered lobbyists, including by requiring unique identification numbers for lobbyists, clients, and providers of strategic lobbying services, and by requiring additional disclosures and reporting with respect to such individuals and activities.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9693 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9693
To amend the Lobbying Disclosure Act of 1995 to assign unique
identification numbers to each lobbyist who registers under such Act
and to each client of the lobbyist and each person who provides
strategic lobbying services in support of the lobbyist, to require the
disclosure of information on any persons who provide strategic lobbying
services in support of registered lobbyists under such Act, to require
the Clerk of the House of Representatives and the Secretary of the
Senate to assign a unique identification number to each individual who
registers as a lobbyist under such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 23, 2022
Mr. Phillips introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Lobbying Disclosure Act of 1995 to assign unique
identification numbers to each lobbyist who registers under such Act
and to each client of the lobbyist and each person who provides
strategic lobbying services in support of the lobbyist, to require the
disclosure of information on any persons who provide strategic lobbying
services in support of registered lobbyists under such Act, to require
the Clerk of the House of Representatives and the Secretary of the
Senate to assign a unique identification number to each individual who
registers as a lobbyist under such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lobbying Disclosure Reform Act of
2022''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the right to petition government for redress of
grievances is a fundamental right in our representative
democracy, which is often realized through lobbying;
(2) responsible representative government requires public
awareness of the efforts of paid lobbyists to influence the
public decision-making process in both the legislative and
executive branches of the Federal Government;
(3) existing lobbying disclosure laws have not been as
effective as they could be because of unclear statutory
language, weak administrative and enforcement provisions, and
an absence of clear guidance as to who is required to register
and what they are required to disclose;
(4) the effective public disclosure of the identity and
extent of the efforts of paid lobbyists to influence Federal
officials in the conduct of government actions will increase
public confidence in the integrity of government; and
(5) experience with lobbying laws and regulations for
nearly a half century led to substantial improvements in the
law in 1995, and experience with the Lobbying Disclosure Act of
1995 over the last decade provides a sound basis for new
refinements today.
SEC. 3. ASSIGNMENT OF UNIQUE IDENTIFICATION NUMBERS TO LOBBYISTS,
CLIENTS, AND PROVIDERS OF STRATEGIC LOBBYING SERVICES.
(a) Assignment of Unique Identification Numbers.--Section 6(a)(3)
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(3)) is
amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by adding ``and'' after the semicolon at the end of
subparagraph (B); and
(3) by adding after subparagraph (B) the following:
``(C) a system that assigns an identification
number for each lobbyist for whom a registration or
report is filed under this Act, each client of such a
lobbyist, and each provider of strategic lobbying
services on behalf of such client;''.
(b) Inclusion in Registration Statements.--
(1) Information on registrants.--Section 4(b)(1) of such
Act (2 U.S.C. 1603(b)(1)) is amended by striking ``name,'' and
inserting ``name, unique identification number (if available at
the time of registration),''.
(2) Information on clients.--Section 4(b)(2) of such Act (2
U.S.C. 1603(b)(2)) is amended by striking ``name,'' and
inserting ``name, unique identification number (if available at
the time of registration),''.
(3) Information on employees.--Section 4(b)(6) of such Act
(2 U.S.C. 1603(b)(6)) is amended by striking ``the name'' and
inserting ``the name and unique identification number (if
available at the time of registration)''.
(c) Inclusion in Quarterly Reports.--
(1) Information on registrants and clients.--Section
5(b)(1) of such Act (2 U.S.C. 1604(b)(1)) is amended by
striking ``the name of the registrant, the name of the client''
and inserting the following: ``the name and unique
identification number of the registrant, the name and unique
identification number of the client''.
(2) Information on employees.--Section 5(b)(2)(C) of such
Act (2 U.S.C. 1604(b)(2)(C)) is amended by striking ``a list of
the employees'' and inserting ``a list of the names and unique
identification numbers of the employees''.
(d) Effective Date.--The Clerk of the House of Representatives and
the Secretary of the Senate shall implement the system described in
subparagraph (C) of section 6(a)(3) of the Lobbying Disclosure Act of
1995, as added by subsection (a), not later than the first day of the
One Hundred Eighteenth Congress.
SEC. 4. REQUIRING DISCLOSURE OF PERSONS PROVIDING STRATEGIC LOBBYING
SERVICES.
(a) Disclosure in Lobbyist Registration Statements.--Section
4(b)(6) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)(6)) is
amended--
(1) by striking ``expects to act as a lobbyist on behalf of
the client and'' and inserting the following: ``expects to act
as a lobbyist on behalf of the client, or who has been or who
the registrant expects to be a provider of strategic lobbying
services on behalf of the client, and''; and
(2) by inserting after ``first acted as a lobbyist'' the
following: ``or was first a provider of strategic lobbying
services''.
(b) Disclosure in Quarterly Reports.--Section 5(b)(2) of such Act
(2 U.S.C. 1604(b)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by adding at the end the following new subparagraphs:
``(E) a list of the names and unique identification
numbers of the employees of the registrant who were
providers of strategic lobbying services in support of
the registrant's lobbying activities on behalf of the
client during the quarterly period; and
``(F) a list of the names of all other persons who
were retained as providers of strategic lobbying
services in support of the registrant's lobbying
activities on behalf of the client during the quarterly
period, together with--
``(i) the nature of the strategic lobbying
services provided, along with a brief summary
of work performed;
``(ii) the amount paid to each such person
for such services;
``(iii) the name of any individual employed
by such person who supervised the provision of
such services, and, if the individual served as
a covered executive branch official or a
covered legislative branch official in the
previous 20 years, a statement describing the
position in which such individual served; and
``(iv) the name of any individual employed
by such person who provided such services
during the quarterly period, and, if the
individual served as a covered executive branch
official or a covered legislative branch
official in the previous 20 years, a statement
describing the position in which such
individual served.''.
(c) Inclusion in Filing, Coding, and Cross-Indexing Systems.--
Section 6(a)(3)(A) of such Act (2 U.S.C. 1605(a)(3)(A)) is amended by
striking ``and their clients'' and inserting ``and their clients and
providers of strategic lobbying services''.
(d) Definition.--Section 3 of such Act (2 U.S.C. 1602) is amended--
(1) by redesignating paragraphs (15) and (16) as paragraphs
(16) and (17); and
(2) by inserting after paragraph (14) the following new
paragraph:
``(15) Provider of strategic lobbying services.--
``(A) In general.--The term `provider of strategic
lobbying services' means any person who, during a
quarterly period described in section 5, provided a
registrant under section 4 with 12 or more hours of
services which are described in subparagraph (C) but
which are not otherwise treated as lobbying activities
or lobbying contacts.
``(B) Special rule for former officials.--In the
case of a person who served as a covered executive
branch official or a covered legislative branch
official in the previous 20 years and who, during a
quarterly period described in section 5, provided a
registrant under section 4 with services described in
subparagraph (A) and also carried out lobbying
activities on behalf of the registrant, such person
shall be treated as a provider of strategic lobbying
services if the combined time spent in providing
services described in subparagraph (A) and lobbying
activities on behalf of the registrant during the
period was 12 hours or greater.
``(C) Services described.--The services described
in this subparagraph are the following:
``(i) Providing strategic planning for
lobbying activities or lobbying campaigns.
``(ii) Providing strategic advice regarding
earned media or press coverage related to
specific issues upon which a lobbyist employed
by the registrant engaged in lobbying
activities.
``(iii) Polling services enlisted by a
registrant related to specific issues upon
which a lobbyist employed by the registrant
engaged in lobbying activities.
``(iv) Providing advice on or producing
public communications related to specific
issues upon which a lobbyist employed by the
registrant engaged in lobbying activities.
``(v) Encouraging persons to support or
oppose legislative or administrative action or
take action with regard to specific issues upon
which a lobbyist employed by the registrant
engaged in lobbying activities, including the
costs of creating formal or informal coalitions
of organizations for such purposes.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to statements and reports filed on or after the
first day of the One Hundred Eighteenth Congress.
SEC. 5. PROMOTING ENFORCEMENT BY ATTORNEY GENERAL.
(a) Reference of Noncompliance to Attorney General.--Section 6(a)
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)) is amended by
striking ``the United States Attorney for the District of Columbia''
each place it appears in paragraph (8) and paragraph (11) and inserting
``the Attorney General''.
(b) Inclusion in Enforcement Reports of Identification of
Individuals Subject to Imposition of Sentence.--Section 6(b)(1) of such
Act (2 U.S.C. 1605(b)(1)) is amended by striking ``by case, any
sentences imposed, except that such report shall not include the names
of individuals, or personally identifiable information, that is not
already a matter of public record'' and inserting ``by case and by the
name of the individual and (if applicable) the lobbying firm involved,
any sentences imposed''.
(c) Recommendations To Promote Enforcement and Compliance.--Section
6 of such Act (2 U.S.C. 1605) is amended by adding at the end the
following new subsection:
``(c) Recommendations To Promote Enforcement and Compliance.--The
Attorney General, at any time, may make recommendations to Congress on
steps to promote the enforcement of and compliance with this Act,
including recommendations regarding the Attorney General's need for
resources to carry out the enforcement of this Act.''.
SEC. 6. INCREASING TRANSPARENCY OF SYSTEM FOR FILING, CODING, AND
CROSS-INDEXING OF REPORTED INFORMATION.
(a) Clarifying Requirement To Implement System.--Section 6(a)(3) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(a)(3)) is amended in
the matter preceding subparagraph (A) by striking ``develop'' and
inserting ``develop and implement''.
(b) Availability of Information Through Software Applications.--
Section 6(a)(3)(B) of such Act (2 U.S.C. 1605(a)(3)(B)) is amended by
striking ``computerized systems'' and inserting ``computerized systems,
including a system through which individuals may use software or web-
based applications to obtain access to a searchable, sortable, and
downloadable database of information,''.
SEC. 7. OTHER REFORMS IN REGULATION OF LOBBYISTS AND LOBBYING ACTIVITY.
(a) Revision of Threshold for Exemption From Treatment as
Lobbyist.--
(1) Revision.--Section 3(10) of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1602(10)) is amended--
(A) by striking ``by a client'' and inserting ``by
a client or by a registrant''; and
(B) by striking ``other than an individual'' and
all that follows and inserting the following: ``other
than an individual who, over a 3-month period, spends
fewer than 12 hours engaged in lobbying activities for
such client or such registrant.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to lobbying activities occurring on or
after the first day of the One Hundred Eighteenth Congress.
(b) Deadline for Registration.--
(1) Revision of deadline.--Section 4(a) of such Act (2
U.S.C. 1603(a)) is amended--
(A) by striking ``45 days'' and inserting ``30
days''; and
(B) by striking ``45th day'' each place it appears
and inserting ``30th day''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to lobbying contacts occurring on or
after the first day of the One Hundred Eighteenth Congress.
(c) Inclusion of Specific Information in Registration Statements on
Issues Addressed in Lobbying Activities.--
(1) In general.--Section 4(b)(5)(B) of such Act (2 U.S.C.
1603(b)(5)(B)) is amended by striking the semicolon at the end
and inserting the following: ``, including any Federal rule,
regulation, Executive order, or any other program, policy, or
position of the United States Government, as well as any
proposed Federal legislation or a description thereof;''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to statements filed on or after the
first day of the One Hundred Eighteenth Congress.
(d) Clarification of Timing of Termination of Registration.--
Section 4(d) of such Act (2 U.S.C. 1603(d)) is amended--
(1) in paragraph (1), by striking ``by a client'' and
inserting ``by a client or by a registrant''; and
(2) in paragraph (2), by striking ``for such client'' and
inserting ``for such client or lobbying firm''.
SEC. 8. QUADRENNIAL REPORTS ON EFFECTIVENESS OF COLLECTION, STORING,
AND RELEASE OF INFORMATION.
(a) Inclusion in Annual Audits by Comptroller General.--
(1) In general.--Section 26 of the Lobbying Disclosure Act
of 1995 (2 U.S.C. 1614) is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Quadrennial Reports on Modernization of Reporting and
Disclosures.--Beginning in 2023 and every 4 years thereafter, the
Comptroller General shall include with the audit conducted under
subsection (a) an evaluation of the technology and methods employed by
the Secretary of the Senate and the Clerk of the House to collect,
store, review, and electronically publish the information filed with
the Secretary and Clerk under this Act, and shall include in such
evaluation an analysis of--
``(1) whether additional technological means could be
employed to reduce the burden on filers and increase the
accuracy of filings;
``(2) whether automated means are being maximally employed
to allow the Secretary and the Clerk to automatically process,
normalize, and verify the data they have received; and
``(3) whether the Secretary and the Clerk could undertake
other measures to improve how such information is collected,
reviewed, and reported to the public.''.
(2) Conforming amendment relating to submission of report
to congress.--Section 26(c)(1) of such Act (2 U.S.C.
1614(c)(1)), as redesignated by paragraph (1), is amended in
the matter preceding subparagraph (A) by striking the period at
the end of the first sentence and inserting the following: ``,
and, if applicable, the quadrennial evaluation conducted under
subsection (b).''.
(b) Joint Review by Secretary of Senate and Clerk of House of
Representatives.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et
seq.) is amended by adding at the end the following new section:
``SEC. 27. QUADRENNIAL REVIEW OF INFORMATION COLLECTION AND
DISSEMINATION BY SECRETARY OF SENATE AND CLERK OF HOUSE
OF REPRESENTATIVES.
``(a) Review.--Not later than April 1, 2023, and every 4 years
thereafter, the Secretary of the Senate and the Clerk of the House of
Representatives shall jointly conduct and submit to Congress a review
of how the Secretary and Clerk collect, store, review, and disseminate
information filed with the Secretary and the Clerk under this Act.
``(b) Factors.--In conducting the review under subsection (a), the
Secretary and the Clerk--
``(1) shall include an analysis of how the filing and
public disclosure of the information filed under this Act can
be improved, including a detailed plan with deadlines for
improving filing and disclosure mechanisms; and
``(2) shall consult with members of the public, with an
emphasis on those members of the public who regularly seek
access to such information.
``(c) Additional or Separate Views Permitted.--The Secretary and
the Clerk may each include additional or separate views in the review
submitted to Congress under subsection (a).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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