The United States adopted the Lobbying Disclosure Act of 1995, later amended by the Honest Leadership and Open Government Act of 2007 (enacted on September 14, 2007).
The Act imposes reporting obligations on federal lawmakers and their staff, requiring the quarterly disclosure of lobbying activities and related efforts. Institutions must register with the Secretary of the Senate and the Clerk of the House of Representatives if they employ at least one lobbyist—defined as an individual who makes at least two lobbying contacts, spends at least 20% of their time on lobbying activities, and incurs lobbying expenses of $20,000 or more within a six-month period (January–June or July–December). If the lobbyist is a firm hired for this purpose, the financial threshold is lower.
Registration must occur within 45 days of the first lobbying contact made by a qualifying employee. The Secretary of the Senate and the Clerk of the House notify institutions of non-compliance, and if the issue is not resolved within 60 days, a fine of up to $50,000 may be imposed.
Lobbying firms and organizations employing in-house lobbyists must register when they meet income/expense thresholds, have an employee who qualifies as a lobbyist, and make more than one lobbying contact. The Lobbying Disclosure Electronic Filing System provides the Lobbying Registration Form (LD1) for electronic filing of initial registration under Section 4 of the Act and for registering new clients. Registration is required within 45 days of a lobbyist’s first lobbying contact or their employment/retention for lobbying, whichever occurs first. If the 45th day falls on a non-business day, registration must be completed on the next business day.
A lobbying firm is exempt from registration for a particular client if its total income from that client does not exceed and is not expected to exceed $3,000 per quarter. Similarly, an organization employing in-house lobbyists is exempt if its total lobbying expenses do not exceed and are not expected to exceed $13,000 per quarter.
Lobbyists must provide required information, including identification number, registrant name and address, principal place of business, phone number, contact name and email, a general description of their business activities, client details, and lobbying issues (LD1 form).
The new Lobbyists’ Code of Conduct came into force on July 1, 2023, replacing the 2015 Code. The 2023 Code seeks to uphold the purpose of the Lobbying Act by establishing standards that guide lobbyists in their activities, promoting transparency and accountability in lobbying efforts, and ensuring public confidence in the integrity of government institutions and decision-making.
