Real Time Online Lobbying Transparency Act (Revised)

15 section comments

Title II - Registration of Lobbyists

Summary:

In today’s Internet age, there is no justifiable reason to delay lobbyist registration for 45 days, as is currently the law. To provide for real-time, online registration of lobbyists, the Lobbying Disclosure Act (LDA) is amended to require lobbyists to register online within 72 hours of making a lobbying contact or being hired to make a lobbying contact. To ensure all individuals who participate in activities that contribute to lobbying contacts are disclosed, a lobbyist must include in the registration statement the names of any employees expected to engage in lobbying activities. The exception for registration based on expected income per quarter is decreased from $10,000 to $5,000 (as adjusted for inflation).

Sec. 101. Timing of Registration

  1. REGISTRATION — No later than 72 hours after a lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact, whichever is earlier. Such lobbyist (or, as provided under paragraph (2), the organization employing such lobbyist), shall register with the Secretary of the Senate and the Clerk of the House of Representatives.

    1. EMPLOYER FILING — Any organization that has one or more employees who are lobbyists shall file a single registration under this section on behalf of such employees for each client on whose behalf the employees act as lobbyists.

    2. EXEMPTION

      1. GENERAL RULE — Notwithstanding paragraphs (1) and (2), a person or entity whose —

        1. total income for matters related to lobbying activities on behalf of a particular client (in the case of a lobbying firm) does not exceed and is not expected to exceed $2,500; or

        2. total expenses in connection with lobbying activities (in the case of an organization whose employees engage in lobbying activities on its own behalf) do not exceed or are not expected to exceed $5,000 during any quarter is not required to register under subsection (a) with respect to such client.

Sec. 102. Contents of Registration

  1. Each report shall contain:

    1. the name, address, business telephone number and principal place of business of the registrant and a general description of its business or activities;

    2. the name, address and principal place of business of the registrant’s client and a general description of its business or activities (if different from paragraph (1));

    3. the name, address and principal place of business of any organization, other than the client, that —

      1. contributes or is expected to contribute more than $5,000 to the registrant or the client in any quarterly period to fund the lobbying activities of the registrant; and

      2. actively participates in the planning, supervision or control of such lobbying activities;

    4. the name, address, principal place of business, amount of any contribution of more than $5,000 to the lobbying activities of the registrant and approximate percentage of equitable ownership in the client (if any) of any foreign entity that —

      • holds at least 20 percent equitable ownership in the client or any organization identified under paragraph (3);

      • directly or indirectly, in whole or in major part, plans, supervises, controls, directs, finances or subsidizes the activities of the client or any organization identified under paragraph (3); or

      • is an affiliate of the client or any organization identified under paragraph (3) and has a direct interest in the outcome of the lobbying activity;

      • a list of the employees of the registrant who acted as lobbyists on behalf of the client; and

      • a description of the interest, if any, of any foreign entity identified under section 4(b)(4) in the specific issues listed under subparagraph (A);

  2. A statement of —

    1. the general issue areas in which the registrant expects to engage in lobbying activities on behalf of the client; and

    2. in the case of a lobbying firm, a good faith estimate of the annual amount of income from the client (including any payments to the registrant by any other person for lobbying activities on behalf of the client) during the quarterly period, other than income for matters that are unrelated to lobbying activities. This information must be updated annually.

  3. In the case of a registrant engaged in lobbying activities on its own behalf, a good faith estimate of the annual total expenses that the registrant and its employees incurred in connection with lobbying activities during the quarterly period. This information must be updated annually.

  4. For each client, immediately after listing the client, an identification of whether the client is a state or local government or a department, agency, special purpose district or other instrumentality controlled by one or more state or local governments; and

  5. the name of each employee of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client, including participating in lobbying activities. If any such employee has served as a covered executive branch official or a covered legislative branch official in the 20 years before the date on which the employee first acted as a lobbyist on behalf of the client, the position in which such employee served.

Sec. 103. Annual Fee for Registrants

  1. Registration Fees- Each registrant shall pay, for each registration filed under this section, a fee of $25 to the Clerk of the House of Representatives and $25 to the Secretary of the Senate--

    1. when the registrant files the registration under subsection (a); and

    2. when filing the first Report of Lobbying Contacts beginning on January 1 of each year.

  2. Fines for Late Filings-

    1. IN GENERAL- If any person fails to file a Registration Report by the date by which such report is due, the Secretary of the Senate or the Clerk of the House of Representatives shall--

      1. impose a fine of $500 on such person; or

      2. in the case of a second or subsequent failure to so file, impose a fine of $1,000 on such person.

  3. Use of Fees and Fines- All fees and fines paid under this section shall, subject to appropriations Acts, be available to the Secretary of the Senate and the Clerk of the House of Representatives for reviewing and auditing registrations and reports.

  4. List of Delinquent Filers-

    1. IN GENERAL- The Secretary of the Senate and the Clerk of the House of Representatives shall maintain and make publicly available a list of all persons required to file registration reports who fail to do so by the dates required by such section.

    2. REMOVAL OF PERSON FROM LIST- If a person whose name is included on the list of delinquent filers because of a failure to file a report thereafter files the report and pays the fine, the Secretary of the Senate and the Clerk of the House of Representatives shall remove that person from the list.

Sec. 104. Guidelines for Registration

  1. MULTIPLE CLIENTS — In the case of a registrant making lobbying contacts on behalf of more than one client, a separate registration under this section shall be filed for each such client.

  2. MULTIPLE CONTACTS — A registrant who makes more than one lobbying contact for the same client shall file a single registration covering all such lobbying contacts.

  3. Registrations must be amended annually to reflect any changes in the required contents of the registration.