This report is intended to provide a brief overview and summary of the federal laws, ethical rules, and regulations which may be relevant to the activities of those who lobby the United States Congress. The report provides a summary discussion of the federal lobbying registration and disclosure requirements of the Lobbying Disclosure Act of 1995 (LDA) (as amended by the "Honest Leadership and Open Government Act of 2007" ( P.L. 110-81 , September 14, 2007)), the Foreign Agents Registration Act, the propriety of contingency fees for lobbying, restrictions on lobbying with federal funds, post-employment ("revolving door") lobbying activities by former federal officials, and House and Senate ethics rules which may be relevant to certain contacts by Members, officers, and employees of Congress with private lobbyists and their clients. Although the internal House and Senate rules apply directly only to those who come within their respective jurisdictions, the new statutory provisions amending the Lobbying Disclosure Act of 1995 require a registered lobbyist to be familiar with the House and Senate ethics rules on gifts and reimbursements, prohibit lobbyists from offering gifts the receipt of which would violate those congressional rules, and require lobbyists to certify that no gifts have been offered to Members of Congress or staff which would be in violation of the chamber's rules. Who Is Covered Under the Act

The Lobbying Disclosure Act of 1995 is directed at so-called "professional lobbyists," that is, those who are compensated to engage in certain lobbying activities on behalf of a client or an employer. Under the Lobbying Disclosure Act, as amended, if one is representing the interests of a foreign government or a foreign political party, such agent must continue to register under the Foreign Agents Registration Act, but then need not register under the Lobbying Disclosure Act. Federal Funds Subsidizing or Reimbursing Lobbying

There are general restrictions under federal law and regulations against the use of federal funds for lobbying activities. Post-Employment Lobbying by Federal Officials

There are various "post-employment" or "revolving door" conflict of interest restrictions upon certain officers and employees of the federal government which may work to restrict their lobbying of the Congress, or of executive branch agencies or personnel, on particular matters or for a certain period of time after such officials leave office. General Restriction

The general, or "default" rule in the House and the Senate is that no gifts may be accepted by Members and staff from outside, private sources unless specifically permitted by the rules of the respective body. Other Exceptions to General Gift Rule

Other exceptions to the strict prohibition on the receipt of any gifts include anything for which fair market value is paid or anything not used and promptly returned; political contributions or attendance at political fund-raises sponsored by a political organization; payments to legal defense funds (other than those from lobbyists and foreign agents); gifts from another Member, officer, or employee of the Senate or House; food, refreshments, lodging, transportation and other benefits resulting from outside business or employment activities, from prospective employers, or provided by a political organization in connection with a fund-raise or campaign event; pensions and similar benefits from a former employer; informational materials sent to a Member's office in the form of books, articles, periodicals, written material, or tapes; awards or prizes in events open to the public; honorary degrees and non-monetary awards for public service; training if in the interest of the House of Representatives or the Senate; bequests and inheritances; items which may be received under the Foreign Gifts and Decorations Act, the Mutual Educational and Cultural Exchange Act, or other statute; anything paid for by federal, State, or local government; opportunities and benefits generally available to the public or to a group of federal or government employees; a plaque, trophy or commemorative item; anything for which the House Committee on Standards of Official Conduct or the Senate Select Committee on Ethics provides a waiver; and home-State products donated to the Member primarily for promotional purposes such as display or free distribution, and which are of minimal value to any individual recipient.
This report provides a brief overview and summary of the federal laws, ethical rules, and regulations which may be relevant to the activities of those who lobby the United States Congress. The report provides a summary discussion of the federal lobbying registration and disclosure requirements of the Lobbying Disclosure Act of 1995, as amended by the "Honest Leadership and Open Government Act of 2007," P.L. 110-81 ( S. 1 , 110 th Congress); the Foreign Agents Registration Act; the issue of the propriety of contingency fees for lobbying; restrictions on lobbying with federal funds; post-employment ("revolving door") lobbying activities by former federal officials; and House and Senate ethics rules relevant to contacts with private lobbyists.
The Lobbying Disclosure Act of 1995 was enacted to replace a nearly 50-year old lobbying registration law that was seen as vague and inadequate. The current lobbying registration and disclosure provisions establish clearer criteria and thresholds for determining when an organization should register its employees or staff as lobbyists or when a lobbying firm or individual lobbyist needs to register and identify clients. The act is directed at professional lobbyists, that is, those who receive payments to lobby for an employer or a client, and requires the registration and reporting of certain identifying information and general, broad financial data. In addition to the Lobbying Disclosure Act, the Foreign Agents Registration Act requires the registration and reporting from those who act as agents of a foreign government or foreign political party, and who engage in "lobbying" or other similar political advocacy activities on behalf of their foreign principal.
Various provisions of federal law have been enacted and regulations promulgated to restrict the use of any federal funds for lobbying purposes, either by the agencies of the federal government or by federal contractors or grantees.
In attempts to limit what has been perceived to be potential undue or improper influence in governmental processes, restrictions have been adopted to limit the post-employment lobbying of certain high ranking officials of the federal government for a period of time after they leave government service ("revolving door" laws). Additionally, to deal with similar perceptions of undue or improper influence and access, both Houses of Congress have adopted internal rules regarding the acceptance of gifts and favors by Members, officers or employees of the House or Senate from private sources, particularly from registered lobbyists or agents of foreign principals, or their clients. No gifts may be accepted by Members, officers, or employees except as permitted in the rules of the respective chamber; and thus even small gifts, as well as more significant travel expenses for conferences or "fact finding" events provided to congressional Members and staff from private parties such as lobbyists and their clients, are regulated and restricted by the provisions of House and Senate rule. Under the new "ethics and lobbying" law ( P.L. 110-81 ), registered lobbyists must be familiar with these restrictions and regulations on gifts to Members of Congress in House and Senate rules, and must certify to the Government that they have not offered gifts or things of value to Members or staff which would violate these rules.