Evolution of the U.S. Lobbying Disclosure Act Progress in Europe

Lobbying Disclosure Canadian and U.S. lobby registries are models. Mandatory, not voluntary. Extensive transparency of sources of funds and expenditures. Real-time disclosures. Searchable, sortable and downloadable. Ethics rules as well as disclosure.

Foreign Agents Registration Act (FARA) of 1938 Federal Regulation of Lobbying Act of 1946 Registration of anyone whose “principal purpose” is to influence legislation. GAO Study: 10,000 of 13,500 Key influence Peddlers Not Registered. 60% Reported No Financial Activity. 90% Reported No Expenditures. 68% Reported No Specific Legislation.

Lobbying Disclosure Act of 1995 Definition of “Lobbyist” Objective Thresholds: More than One Lobbying Contact. Receive Compensation of $3,000 or Make Expenditures of $11, % of Time on Lobbying Activity on behalf of A Client.

Honest leadership and Open Government Act of 2007 (HLOGA) Goes Beyond Transparency Improvements: Electronic Filing Internet Disclosure – Searchable, Sortable and Downloadable. Expanded Frequency of Filings and Amount of Information Disclosed. Lobbyist Campaign Fundraising Disclosed. Restricted Gifts and Travel provided by Lobbyists. Slowed Revolving Door. Lobbyists Are Liable for Ethics Violations.

Early Lobbying Regulatory Regimes in Europe Germany – 1951 European Parliament – 1996 Georgia – 1998 Lithuania – 2001 Hungary – 2006 (repealed in 2011) Macedonia – 2008 (never implemented) Objective: Access

Should a lobbyist registry be voluntary or mandatory?

Joint Parliament-Commission Transparency Registry New Focus: Transparency Still Structured According to Early Regimes: 1. Voluntary, but Incentives to Register Are Quite Strong 2. Hall Pass System 3. Limited Financial Disclosures Good On-Line Disclosure

Strong Transparency Lobby Laws Gaining Ground in Europe Joint Parliament-Commission Registry (edging toward a mandatory system) Slovenia – Mandatory registration Financial disclosure Data is publicly available Austria – Mandatory registration Financial disclosure Lobbying contacts Internet access