LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007--Resumed
Mr. President, I oppose the amendment offered by Senator Bennett which would strike the grassroots lobbying provision in S. 1. Several years ago, I, along with several colleagues, undertook the task of strengthening reporting requirements…
Mr. President, I oppose the amendment offered by Senator Bennett which would strike the grassroots lobbying provision in S. 1.
Several years ago, I, along with several colleagues, undertook the task of strengthening reporting requirements for lobbyists. This culminated in the passage of the Lobbying Disclosure Act which broke new ground by allowing sunlight into the activities of lobbyists in Washington. It finally required meaningful disclosure of the billions of dollars spent on lobbying Members of Congress.
While great progress was made, there was a major loophole left open which needs to be closed. Under current law, lobbyists are permitted to exclude the cost of their efforts to stimulate grassroots lobbying when they report under the LDA. We recognized this problem in 1996 but were not successful in efforts to address it. However, I continue to believe that lobbyists who engage in this so-called ``Astroturf'' lobbying should also be required to disclose their spending.
The Wall Street Journal examined this issue when we last reviewed this and reported that an estimated $790 million was spent on this type of grassroots lobbying in a 2-year period alone. Accounting for the growth in the lobbying industry that we have seen over the last decade, this number is surely over a billion by now.
What sort of activities does money spent on ``Astroturf'' lobbying efforts pay for? It is spent on phone banks, telephone patch-throughs to Members, and even professional campaign organizers who are paid to go to key congressional districts to organize letter-writing campaigns. These are coordinated efforts costing tens of thousands of dollars which on their face are part of professional lobbying efforts.
I was pleased to work with Senator Lieberman last year to craft a provision during the Homeland Security and Government Affairs Committee's consideration of the lobbying bill that would close this loophole by requiring disclosure of ``paid efforts to stimulate grassroots lobbying.'' It requires disclosure by paid lobbyists and lobbying firms who stimulate the grassroots to take action. We even went so far as to define pure grassroots lobbying and exclude it from this provision.
The Lieberman-Levin provision that was included in S. 1 simply requires disclosure. This provision does not in any way ``restrain'' or ``regulate'' paid efforts to stimulate grassroots lobbying. All that it does is require paid lobbyists to disclose how much they are spending on their grassroots lobbying efforts. This disclosure would be no more burdensome than the disclosure already required by the Lobbying Disclosure Act for direct lobbying: Amounts spent for efforts to stimulate grassroots lobbying, like amounts spent on direct lobbying, would be disclosed only in the form of good-faith estimates, which would be rounded to the nearest $20,000.
In addition, the provision, like the Lobbying Disclosure Act, recognizes that certain organizations are already required to track lobbying expenses, and grassroots lobbying expenses, for IRS purposes. The provision allows these organizations to use their IRS numbers for disclosure purposes, ensuring that they do not have to account twice by different rules.
This section was carefully crafted to exclude certain activities that are not part of this Astroturf lobbying industry. Efforts by an organization to communicate with its own members, employees, officers, or shareholders are expressly excluded. Organizations that exist solely to lobby Congress but do not employ paid lobbyists do not have to report. Finally, any grassroots lobbying efforts targeted at less than 500 people do not have to be reported.
I would also like to clarify just who is required to disclose as a lobbyist under this provision, as there seems to be confusion over this point. Paragraph (b) of section 220 clearly states that individuals who are not registered lobbyists now would not have to register as a lobbyist under this provision so long as their expenditures are only directed at grassroots lobbying. This provision is intended to shed light on the dollars being spent by lobbyists. It in no way affects individuals who want to call or write their Member of Congress.
For the past decade, we have allowed lobbyists to exclude the cost of their organized grassroots lobbying campaigns, even while they are reporting their other lobbying expenses. It is time to put an end to this arbitrary exclusion because the public has a right to know who is paying how much to whom in an effort to influence our decisions.
I urge my colleagues to vote ``no'' on the Bennett amendment.