Real Time Online Lobbying Transparency Act (Revised)

15 section comments

Title V - Disclosure of Paid Advertising Activities by Lobbyists

Summary:

After the Citizens United case, advertising may become an even more important tool in a lobbyist’s arsenal. Timely online disclosure of advertising paid for by lobbyists must be incorporated in a lobbying disclosure regime so the public understands the myriad pressure points being used to influence legislation and policy.

Sec. 101. Electronic Filing of Reports for Advertising Paid by Lobbyists

  1. The Lobbying Disclosure Act is amended to require registered lobbyists electronically file a report within 72 hours of contracting or coordinating with another entity to make an expenditure for paid advertising when such advertising:

    1. refers to federal legislation;

    2. reflects a point of view on the legislation;

    3. includes a call to action to the general public to take action in respect to the legislation; and

    4. relates to issues which the registered lobbyist has engaged in direct lobbying during the same reporting period.

  2. A “call to action” is a statement in a paid advertisement that:

    1. states that the recipient of the message should contact a legislator or other relevant government employee for the purposes of influencing legislation; or

    2. states the address, telephone number or similar information regarding a legislator or legislative body employee; or

    3. provides a petition or post card of similar means for the recipient to contact a legislator or legislative body employee; or

    4. specifically identifies a legislator or legislators who will vote on the legislation as being opposed to or undecided about the organization’s view on the legislation or a member of a legislative (sub)committee which will vote on the legislation.

    5. Identifying the sponsor of a bill would not be considered a call to action.

  3. The term ‘paid advertising’ means communications on television, radio, billboards and general circulation newspapers and magazines, websites, electronic mailing groups, networks and social applications for which a fee is paid.

Sec. 102. Contents of Reports

  1. Disclosure of paid advertising include the following shall include:

    1. the amount spent on paid advertising;

    2. the client name;

    3. the person or entity paid to for design and production of the paid advertising;

    4. a description of the type of advertising (ie. television, direct mail); and

    5. a brief description of the issue addressed in the advertising, the issue area code and, if applicable, bill number.