Lobbying Transparency and Accountability Act of 2006

By Cynthia A. Janak

Guy Adams, who is a friend of mine, brought Senate Bill 2128 to my attention. I want to thank him for sending me an email on this piece of legislation. This legislation is not only damaging to the grassroots efforts of various organizations, but it also will prohibit the freedom of speech of the individual that has a different view than our government.

While I was researching this bill, I came across Senate Bills 1398, 2180 and 2233. These are also very interesting as to what restrictions they will put on an individual who is a "grassroots lobbyist." In three of these bills, 1398, 2128 and 2180, they give the definition of who is a "grassroots lobbyist." It is very interesting the similarity of all three documents as to the definitions.

There was one phrase that stuck out like a sore thumb when I read all these bills in there entirety. That is "the general public." When I read these bills, it became very clear to me that our government wants to silence the people. The average person will not be able to approach our government or make known to the public any legislation that is offensive or against our Constitutional Rights.

On my blog I have the history of why our ancestors wrote the First Amendment.

Question: Isn't this type of legislation against our First Amendment rights to petition the Government for a redress of grievances? I think so.

What I want to do now is to inform you the context of this legislation.

In Senate Bill 1398, it defines what a "Grassroots Lobbying Communication" is.

(17) GRASSROOTS LOBBYING COMMUNICATION — The term 'grassroots lobbying communication' means an attempt to influence legislation or executive action through the use of mass communications directed to the general public and designed to encourage recipients to take specific action with respect to legislation or executive action, except that such term does not include any communication by an entity directed to its members, employees, officers, or shareholders. For purposes of this paragraph, a communication is designed to encourage a recipient if any of the following applies:

1. The communication states that the recipient should contact a legislator, or should contact an officer or employee of an executive agency.
   
   
2. The communication provides the address, phone number, and contact information of a legislator or of an officer or employee of an executive agency.
   
   
3. The communication provides a petition, tear-off postcard, or similar material for the recipient to send to a legislator or to an officer or employee of an executive agency.
   
   
4. (i) Subject to clause (ii), the communication specifically identifies an individual who —
   
   
   • is in a position to consider or vote on the legislation;
     
     
   • represents the recipient in Congress; or
     
     
   • is an officer or employee of the executive agency to which the legislation or executive action relates.
     
     

This Senate Bill sets the stage for any type of communication that groups like Renew America, Center for Reclaiming America, and many others that are the watchdogs of Congress.

In Senate Bill 2128, it defines "Grassroots Lobbying" as:

(17) GRASSROOTS LOBBYING — The term 'grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same.

What we have with this item in this legislation is that an individual will not be able to communicate their own opinion on a forum, blog or other media. If they do, they are a grassroots lobbyist. The way I see this is like a gag order. If this legislation is passed, we will no longer be able to speak about our difference of opinion openly or, for that matter, behind closed doors. No one will want to take the chance of being overheard. (Later in this article, I will inform you how "Homeland Security" is involved.

In Senate Bill 2180, it also has the same definition of "Grassroots Lobbying."

(18) GRASSROOTS LOBBYING — The term 'grassroots lobbying' means the voluntary efforts of members of the general public to communicate their own views on an issue to Federal officials or to encourage other members of the general public to do the same.

So here, you have two pieces of legislation that if one of them is passed will label the average American Citizen who has a difference of opinion a 'grassroots lobbyist.'

In Senate Bill 2233, it prohibits anyone who was a member of Congress or an employee of Congress from speaking out for two years after they leave their position. Here is the text.

(e) Restriction on Members of Congress and Officers and Employees of the Legislative Branch —

(1) IN GENERAL —

1. PROHIBITION — Any person who is a Member of congress, an elected officer of either House of congress, or an employee of a House of Congress and who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any of the persons described in subparagraph (B), on behalf of any other person (except the United States) in connection with any matter on which such former Member of Congress or elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.
   
   
2. CONTACT PERSONS COVERED — The persons referred to in subparagraph (A) with respect to appearances or communications are any Member, officer, or employee of either House of Congress, and any employee of any other legislative office of Congress.
   
   

(2) DEFINITIONS — As used in this subsection —

1. a person is an employee of a House of Congress if that person is an employee of the Senate or an employee of the House of Representatives;
   
   
2. the term, 'employee of the House of Representatives' means an employee of a Member of the House of Representatives, an employee of a committee of the House of Representatives, and employee of a joint committee of congress whose pay is disbursed by the Clerk of the House of Representatives, and an employee on the leadership staff of the House of Representatives;
   
   
3. the term 'employee of the Senate' means an employee of a Senator, an employee of a committee of the Senate, and employee of a joint committee of Congress whose pay is disbursed by the Secretary of the Senate, and an employee on the leadership staff of the Senate;
   
   

This comes under the title of "TWO-YEAR TOTAL BAN ON LOBBYING BY MEMBERS OF CONGRESS AND EMPLOYEES OF CONGRESS." With this section of this legislation, anyone that has anything to do with our legislature will be gagged for two years. They will not be able to say anything about any improprieties going on in our government to the American people. These people will not be able to inform the American Public of future legislation that could be harmful to our freedoms.

Now that I have laid the groundwork for who is a lobbyist, let me tell you something that you did not know. Every grassroots lobbyist will have to register because of the definition of a grassroots lobbyist. Are you shocked? I am not. Our future monarchy will want to know who has a difference of opinion and where they are if the time comes that these dissenters need to be arrested for the better good of the general public.

2 USC CHAPTER 26 — DISCLOSURE OF LOBBYING ACTIVITIES 01/19/04

2 USC Sec. 1603 01/19/04
Sec. 1603. Registration of lobbyists

(a) Registration

1. General rule
   No later than 45 days after a lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact, whichever is earlier, such lobbyist (or, as provided under paragraph (2), the organization employing such lobbyist), shall register with the Secretary of the Senate and the Clerk of the House of Representatives.
   
   
2. Employer filing
   Any organization that has 1 or more employees who are lobbyists shall file a single registration under this section on behalf of such employees for each client on whose behalf the employees act as lobbyists.
   
   

If the lobbyists fail to register with the Secretary of the Senate and the Clerk of the House of Representatives a report is going to be provided to the Committee on Homeland Security. Here is the text from Senate Bill 2128.

Section 6 of the Act (2 U.S.C. 1605) is amended —

(4) after paragraph (9), by inserting the following:

(10) provide to the Committee on Homeland Security and Governmental affairs of the Senate and the Committee on Government Reform of the House of Representatives the aggregate number of lobbyists and lobbying firms, separately accounted, referred to the United States attorney for the District of Columbia for noncompliance as required by paragraph (8) on a semi-annual basis'; and

(5) by inserting at the end the following:

(b) Enforcement Report — The United States Attorney for the District of Columbia shall report to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Government Reform and the Committee on the Judiciary of the House of Representatives on a semi-annual basis the aggregate number of enforcement actions taken by the Attorney's office under this Act and the amount of fines, if any, by case, except that such report shall not include the names of individuals or personally identifiable information.

Let us look at this last paragraph. The report will not have any identifiable information but it will have the case number. I am sure that the case number, when researched will provide the case information and all the identifiable information. I am also sure that Homeland Security will have access to these case files.

I would like to know why Homeland Security is involved with lobbyists at all. I thought that they were there for the sole purpose of protecting this country.

Question: Could their other purpose be to protect the new government that is being formed right beneath our noses? I wonder about that.

Just one last item that I thought was of interest.

Any lobbyist that does not register per the requirements of this act will be fined $100,000. This is an increase from $50,000.

If any of these bills are passed, the grassroots movement of America will become a lobbying group and required by these Acts to report to the government with a list of grassroots supporters.

I know that with my articles and my blog that there is a chance under these Acts that I will have to report. I just wonder if I will have to report everyone that posts a response to my blog? I do not know.

This is what is going on in our Legislature and we are allowing it to happen. Do you think it is time to retire the old guard and bring in the new? I do. I would love to see some new faces in Washington and in every state office in the United States.

I have other items on my blog so visit often. Here is my link to my blog at http://lobbying-transparency.blogspot.com/

© Cynthia A. Janak