Reform Groups Urge Members to Support New CLEAN Politics Act to Close Lobbying Disclosure Loopholes and Restrict Lobbyist Fundraising for Members

In a letter sent to Members of Congress today, reform organizations and experts called on Members to support and cosponsor the “Curtailing Lobbyists and Empowering Americans for a New Politics Act (CLEAN Politics Act).” This legislation was introduced today in the House by Representatives John Sarbanes (D-MD and in the Senate by Senator Michael Bennet (D-CO)

The CLEAN Politics Act addresses major loopholes in the Lobbying Disclosure Act (LDA) and “would ban lobbyists from providing or arranging campaign contributions for members of Congress and congressional candidates beyond a lobbyist’s individual contribution limit,” according to the letter.

The letter states:

Under the LDA, the threshold to require individuals to register to lobby is too high. It requires a compensated individual to make two or more lobbying contacts and spend at least 20% of their time lobbying for a client in order to have to register and report as lobbyist. This allows an untold number of individuals to serve as active paid lobbyists for their employers or clients without having to register and report as lobbyists.

Under the legislation introduced today the 20% requirement is dropped and a compensated individual must register as a lobbyist if they make one or more lobbying contacts for an employer or client with a Member or congressional staffer.

According to the letter:

The CLEAN Politics Act recognizes the damage that political money provided by lobbyists does to the ability of Congress to represent all citizens. The Act restricts the total amount of money a lobbyist can give and bundle or arrange for a Member or congressional candidate to the $2,700 individual contribution limit on the amount a lobbyist can contribute to a Member or candidate. This restriction bans lobbyists from providing or arranging large amounts of money for a candidate and from gaining access and undue influence as a result.

The letter states:

The CLEAN Politics Act also bans members of Congress and congressional candidates from soliciting campaign contributions from lobbyists while Congress is in session. This provision is designed to limit solicitations by Members from lobbyists and to ensure that Members are not soliciting contributions from lobbyists in proximity to making decisions that affect the interests being pursued by the lobbyists.

The letter continues:

Another key problem with the LDA is that it does not require former Members and others who provide strategic advice on influencing Members, but do not directly contact Members, to register. The legislation would close this loophole by requiring individuals who provide strategic advice in support of a lobbying contact made by someone else to register under the LDA, regardless of whether they have made any direct lobbying contacts.

The letter states:

Finally, the legislation closes a loophole in the Foreign Agent Registration Act (FARA) by eliminating a provision in current law that allows foreign agents to avoid registering as foreign agents under FARA if they register under the LDA.

The letter quotes from a report on federal lobbying laws by a bipartisan Task Force of the American Bar Association (ABA):

The interplay of lobbying and the political money machine inevitably creates the potential for special interest influence and governmental decisions based on inappropriate criteria. In order to dampen the risks of corruption and the appearance of corruption inherent in this situation, the Task Force favors measures that would largely separate these two spheres of political activity.

The letter notes that “citizens overwhelmingly object to the role that lobbyists play today in Washington. It is a cause for grave concern that elected officials may be succumbing to improper financial influences in determining with whom they meet and surrendering their best independent judgment on public decisions that impact the American people.”

The letter concludes by urging Members of Congress to support and cosponsor the CLEAN Politics Act.

The reform organizations and experts signing the letter include:

Democracy 21

Center for American Progress

American Oversight

Campaign for Accountability

Common Cause

CREW

End Citizens United

Every Voice

National LGBTQ Task Force Action Fund

Norman Eisen, former chief White House ethics lawyer, 2009-2011

Public Citizen

Sunlight Foundation

Voices for Progress

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Reform Groups Urge Members to Support Lobbying Reform Bill Introduced by Rep. Sarbanes and Sen. Bennet