A Center for Responsive Politics Report



— By Karl Evers-Hillstrom and Dan Auble, October 3, 2019

Political operatives and lobbyists continue to take spins through the revolving door between government and the private sector under President Donald Trump's watch, despite his pledge to "drain the swamp."

And without action from Congress to change lobbying rules, undisclosed lobbying activities are still running rampant, an OpenSecrets analysis indicates.

When an individual engages in advocacy to influence public policy but does not register as a lobbyist, it's typically referred to as "shadow lobbying."

It's common, for example, that a top government affairs employee oversees lobbying activity but never actually registers under the Lobbying Disclosure Act (LDA) by exploiting its various loopholes.

This phenomenon extends to former members of Congress who advise lobbying firms but don't register, or heads of trade associations who run multi-million dollar lobbying operations but don't register. This can leave a portion or, in some cases, all of a lobbying operation's details hidden from the public. Also not disclosed in public lobbying filings are the millions of dollars corporations and trade associations spend on public relations and ad campaigns to influence policymakers.

In this report, OpenSecrets looks into several aspects of unreported lobbying and advocacy. Click the links below to navigate the report:

Through the second quarter of 2019, just over 11,100 federal lobbyists reported undertaking lobbying activities. It's the third straight year lobbying registrations have increased slightly.

The number of registered lobbyists has recovered from a free-fall under the Obama administration — a steady decline that coincided with congressional lobbying reforms, the elimination of earmarks and specific restrictions on registered lobbyists entering the Obama administration.

President Barack Obama set guidelines aiming to prevent registered lobbyists from working for his administration. Some lobbyists found ways around the policy's gaping loopholes, while countless others simply terminated their registrations.

The Trump administration, on the other hand, doesn't appear to care as much about blocking registered lobbyists from getting government gigs. OpenSecrets found that the Trump administration has already hired 177 registered lobbyists in less than three years, while it took the Obama administration two terms to hire 223 registered lobbyists.

With the confirmation of former U.S. Chamber of Commerce lobbyist Eugene Scalia as secretary of labor, Trump has already hired seven former registered lobbyists to his cabinet. That's more lobbyists than presidents Barack Obama and George W. Bush appointed to their cabinets in each of their 8-year terms.

Registered Lobbyists as of Q2, Over Time

Despite that slight bump, the number of registered lobbyists remains stagnant, and is nowhere near the peak of 14,825 lobbyists in 2007 despite hundreds of millions more in spending. Hundreds of lobbyists terminate their registrations every year while keeping positions at lobbying firms. Large numbers of powerful Washington insiders aren't registered as lobbyists, effectively keeping their influence activities hidden from the public.

In addition, President Trump has opened doors for new kinds of undisclosed lobbying — specifically at his Washington hotel where companies and foreign powers pay hoping to earn an audience with the president. And some Trump-tied figures have launched their own influence operations without registering.

A lobbyist must register under the LDA if they meet all of these requirements:

Are paid to lobby on behalf of a client.

Make more than one contact with covered government officials regarding the client's issues.

Spend at least 20 percent of their time on lobbying activities, including preparing for these "contacts," for a given client.

The "20 percent rule" has proven difficult to enforce, as many government affairs employees say they don't spend one-fifth of their time doing explicit lobbying work. At the same time, some former members of Congress who are now "strategic advisers" say they don't need to register as they don't make direct contact with their former colleagues about specific issues.

"The law only requires very specific kinds of activity before the Congress to be reported," said Jeffrey M. Berry, political science professor at Tufts University. "The reasons why people don't register are they prefer not to have their names reported or they just feel it's not required by law."

Under the LDA's current language, most "shadow lobbyists" likely aren't violating the law. And if they did violate the law, they probably wouldn't have much to worry about.

The Secretary of the Senate has referred a total of 19,705 cases of potential non-compliance under the LDA to the U.S. Attorney for the District of Columbia, which is tasked with enforcing the law. However, only nine violations have been publicly enforced in the law's 24-year history, all of which resulted in fines.

Lobbyists do, however, have their reasons to refrain from registering. High-profile Democratic presidential contenders are rejecting contributions from anyone who is registered as a federal lobbyist. And as usual, prominent lawmakers want to ban former members of Congress from becoming registered lobbyists. Moving a lobbying operation into the shadows can be helpful for a client, too.

"If you don't register, you don't have to reveal your strategy and tactics, like how much you're spending on certain things that your opponents would find useful in the battle over a certain issue," said James Thurber, a distinguished government professor at American University who has authored several books on Washington lobbying.

The actual number of lobbyists is disputed among lobbying experts — ranging anywhere from double the number of registered lobbyists to upwards of 90,000. Everyone agrees, however, that the real number is far higher than the 11,100 lobbyists who register. A quick search on the private government relations research firm Washington Representatives' database reveals a list of 31,489 government affairs professionals, nearly half of whom work in Washington.

Moving into the Shadows

This year, 1,621 federal lobbyists who were active in 2018 did not report lobbying activities under LDA through the first half of 2019. Of those, two-thirds, or 1,067 of them, continued to work for the same employer or took a job in a similar industry.

Of those who didn't register, 56 percent worked for companies or groups that have in-house lobbying operations, while the rest worked at lobbying firms that contract with clients.

Where Are They Now? Same Employer: 47.43% Private, similar industry: 18.38% Unknown: 11.72% Moved to Government: 8.51% Private, different industry: 8.39% Retired: 4.44% Other: 0.74% Deceased: 0.37% Same Employer 769 47.43% Private, similar industry 298 18.38% Unknown 190 11.72% Moved to Government 138 8.51% Private, different industry 136 8.39% Retired 72 4.44% Other 12 0.74% Deceased 6 0.37%

Roughly 47 percent of these formerly registered lobbyists remain at the same job.

Kenneth Duberstein, former chief of staff to President Ronald Reagan, did not file under LDA this year after doing so in 19 of the last 20 years. His firm, which brought in $4.2 million in LDA-reported spending through the first half of 2019, retained all four of Duberstein's clients to start the year.

David Metzner, managing partner at American Continental Group, did not file this year after doing so for its analytical arm last year. Metzner touts himself as an expert on Trump's trade policies for the firm, which has doubled its reported lobbying revenue during the Trump era.

When a lobbyist does not show up in LDA, that lack of disclosure obscures any conflict of interest the lobbyist or firm might have over a specific issue, Thurber said.

"If somebody's lobbying for a particular interest and there's no way of knowing what they're doing because it's not reported, I don't think that's good for democracy," Thurber said. "We need transparency — it's a cleanser of corruption."

Major lobbying outlets and companies often hire former lawmakers and their aides, as well as government employees, who have close connections to those they are tasked with lobbying.

For example, Dennis Amari, director of federal and regulatory affairs at Huawei, previously worked as an attorney in the National Telecommunications and Information Administration, which advises the president on telecom issues. He was registered as a lobbyist last year, but is not on file this year, for the Chinese telecom that is currently barred from doing certain business in the U.S.

Also not active this year was Angela Simpson, head of U.S. government affairs for ZTE, another Chinese telecom firm under pressure from the Trump administration. She also worked for the Department of Commerce's telecom arm, serving as its deputy secretary during the Obama administration.

OpenSecrets has profiled thousands of influencers who jumped from government agencies and congressional committees into the world of consulting and lobbying. The phenomenon extends to every major industry.

A number of those industry experts who are no longer registered received a promotion that may have phased them out of federal advocacy. Jenelle Krishnamoorthy, former director of health policy for the Senate Health Committee, went on to lobby for pharmaceutical giant Merck in 2015. She is no longer registered after being promoted to associate vice president of global policy, communications and population health.

A handful of deregistered lobbyists moved from domestic clients to foreign ones that fall under a different jurisdiction.

Michael Caputo, a former Trump campaign aide who now works at New York consulting firm Zeppelin Communications, also did not register for 2019 after reportedly losing clients due to questioning from special counsel Robert Mueller. But Caputo noted that he is now registered as a foreign agent under the Foreign Agents Registration Act for his lobbying work with the Somalian government.

Just five lobbyists who terminated their LDA registration this year showed up as foreign agents for 2019. Although FARA has its own enforcement issues, the 81-year-old law has broader registration requirements than LDA to encompass anyone who does lobbying or public relations activity for a foreign government, individual or foreign government-funded company.

Among those foreign agents is Robert Stryk, who advised the Trump campaign in 2016 and grew his firm Sonoran Policy Group into a foreign lobbying force shortly after Trump's win. Former Commerce Department official Rodney Emery, one of three lobbyists at powerhouse firm Mercury to deregister under LDA, lobbies for a number of foreign clients under FARA, including En+ Group, the metals company formerly controlled by Russian oligarch Oleg Deripaska.

Recently deregistered lobbyists have given $330,000 to federal candidates and groups through the lastest fundraising deadline. Washington lobbyists often raise money for or directly contribute to lawmakers they are seeking an audience with. The continual flow of campaign cash, split evenly between Democrats and Republicans, potentially indicates some lobbyists have taken their influence work off the grid.

Liz Robbins, a Washington lobbyist and Democratic fundraiser, did not file under LDA last year for the first time since 1999. However the Democratic Congressional Campaign Committee recently reported that Robbins bundled $182,500 to the committee, suggesting she still has an interest in building goodwill with the Democratic-led House.

Robbins gave $1,000 each to presidential candidates Cory Booker (D-N.J.) and Kamala Harris (D-Calif.). The Booker campaign returned the contribution two weeks later, despite Robbins' lack of LDA registration.

Deregistered lobbyists gave more than $24,000 to presidential candidates, including Democratic contenders who reject contributions from registered lobbyists.

Among other influential fundraisers no longer active is Brian Wolff, executive vice president of policy and external affairs at the Edison Electric Institute, a trade association representing investor-owned electric companies. The former DCCC executive director and political director for House Speaker Nancy Pelosi (D-Calif.) had raised millions for the DCCC as a lobbyist, though he has given just $5,832 to federal candidates and groups so far this cycle.

Nearly 300 registered lobbyists were no longer registered after finding new jobs that relate to the influence world.

They have their reasons. William Plummer, the former top lobbyist at Huawei, is no longer registered after becoming vice president of government relations for voting machine company Smartmatic. He said his role is multifunctional and not strictly limited to lobbying — and that he would register if he crossed lobbying thresholds.

Another 138 registered lobbyists from 2018 took a spin through the revolving door into government.

Raytheon lobbyist Ryan Crumpler took a job at the House Armed Services Committee. Boeing lobbyist Jacqueline Ferko became senior advisor and chief of staff to acting Air Force Secretary Matt Donovan. Americans for Prosperity lobbyist Christine Harbin Hanson took a senior advisor job at the Department of Energy.

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Members of Congress go to K Street

With their extensive knowledge of Congress' inner workings and its members, along with special access to its halls, former senators and representatives are well suited to transition into lobbying. That natural fit, and the pay raise that typically comes with a lobbying gig, drives large numbers of lawmakers to K Street lobbying firms and other influential organizations.

Since the 111th Congress, which ended in 2011, at least 176 former members of Congress have taken a spin through the revolving door to enter the world of advocacy.

Of the 32 senators to go into the influence world, only 13 have registered as lobbyists. House members are more likely to register, with 55 percent of the 144 former representatives registering as a lobbyist at some point.

Revolving Door Members Member Cycle Departed Chamber Party Employer(s) Did They Register? Barletta Lou Barletta 115 H Republican American Italian Food Coalition N Capuano Michael E Capuano 115 H Democrat Foley & Lardner N Comstock Barbara Comstock 115 H Republican Blank Rome LLP; Baker, Donelson et al Y Costello Ryan Costello 115 H Republican Americans for Carbon Dividends Y Crowley Joseph Crowley 115 H Democrat Squire Patton Boggs N Culberson John Culberson 115 H Republican Clark Hill PLC N Curbelo Carlos Curbelo 115 H Republican Cannabis Trade Federation N Denham Jeff Denham 115 H Republican K&L Gates N Dent Charlie Dent 115 H Republican DLA Piper Y Donnelly Joe Donnelly 115 S Democrat Akin, Gump et al N Farenthold Blake Farenthold 115 H Republican Calhoun Port Authority N Handel Karen Handel 115 H Republican Susan G Komen for the Cure Y Jenkins Lynn Jenkins 115 H Republican LJ Strategies N Kyl Jon Kyl 115 S Republican Covington & Burling Y LoBiondo Frank LoBiondo 115 H Republican LoBo Strategies N Meehan Patrick Meehan 115 H Republican Almo Corp N Messer Luke Messer 115 H Republican Faegre Baker Daniels Consulting N Murphy Tim Murphy 115 H Republican Cranmer Consultants N Paulsen Erik Paulsen 115 H Republican Pass USMCA Coalition N Reichert Dave Reichert 115 H Republican Gordon Thomas Honeywell Government Affairs N Rohrabacher Dana Rohrabacher 115 H Republican R&B Strategies N Rooney Tom Rooney 115 H Republican Buchanan, Ingersoll & Rooney N Ros-Lehtinen Ileana Ros-Lehtinen 115 H Republican Akin, Gump et al Y Ross Dennis Ross 115 H Republican GrayRobinson PA N Royce Ed Royce 115 H Republican Brownstein, Hyatt et al N Shuster Bill Shuster 115 H Republican Squire Patton Boggs Y Smith Lamar Smith 115 H Republican Akin, Gump et al Y Yoder Kevin Yoder 115 H Republican HHQ Ventures N Zinke Ryan K Zinke 115 H Republican Turnberry Solutions N Ashford Brad Ashford 114 H Democrat Houghton Bradford Whitted Y Ayotte Kelly Ayotte 114 S Republican Citizens for Responsible Energy Solutions N Boehner John Boehner 114 H Republican Squire Patton Boggs N Boustany Charles W Boustany Jr. 114 H Republican Capitol Counsel Y Boxer Barbara Boxer 114 S Democrat PAC for a Change N Crenshaw Ander Crenshaw 114 H Republican King & Spalding Y Dold Bob Dold 114 H Republican Forbes Tate Partners N Fitzpatrick Michael G Fitzpatrick 114 H Republican Obermayer, Rebmann et al N Forbes Randy Forbes 114 H Republican Greenberg Traurig LLP Y Guinta Frank Guinta 114 H Republican Mintz, Levin et al; SI-BONE Y Heck Joe Heck 114 H Republican Redrock Government Relations Y Huelskamp Tim Huelskamp 114 H Republican Heartland Institute N Jolly David Jolly 114 H Republican Van Scoyoc Kelly; Three Bridges Advisors Y Miller Jeff Miller 114 H Republican McDermott, Will & Emery Y Ribble Reid Ribble 114 H Republican National Roofing Contractors Assn N Salmon Matt Salmon 114 H Republican Upstream Consulting; Greenberg Traurig LLP; CompTel/ASCENT; Arizona State University Y Vitter David Vitter 114 S Republican Mercury Y Whitfield Ed Whitfield 114 H Republican Farragut Partners; Water Hay Oats Alliance Y Alexander Rodney Alexander 113 H Republican Picard Group Y Andrews Robert E Andrews 113 H Democrat Dilworth Paxson LLP; Health Transformation Alliance Y Begich Mark Begich 113 S Democrat Brownstein, Hyatt et al; Brownstein, Hyatt et al; Sonosky, Chambers et al N Bonner Jo Bonner 113 H Republican University of Alabama N Camp Dave Camp 113 H Republican PricewaterhouseCoopers N Cantor Eric Cantor 113 H Republican Moelis & Co N Chambliss Saxby Chambliss 113 S Republican DLA Piper N Coburn Tom Coburn 113 S Republican Manhattan Institute N Cowan William Mo Cowan 113 S Democrat ML Strategies; General Electric Y Emerson Jo Ann Emerson 113 H Republican American Insurance Assn; National Rural Electric Cooperative Assn Y Garcia Joe Garcia 113 H Democrat Mercury N Gerlach Jim Gerlach 113 H Republican Venable LLP N Gingrey Phil Gingrey 113 H Republican Drinker, Biddle & Reath Y Griffin Tim Griffin 113 H Republican Purple Strategies N Hagan Kay R Hagan 113 S Democrat Akin, Gump et al N Horsford Steven Horsford 113 H Democrat R&R Partners; Resource+ N Johanns Mike Johanns 113 S Republican alliantgroup N Kingston Jack Kingston 113 H Republican Squire Patton Boggs Y Landrieu Mary L Landrieu 113 S Democrat Van Ness Feldman Y Latham Tom Latham 113 H Republican Hecht, Latham et al Y Maffei Dan Maffei 113 H Democrat Manatt, Phelps & Phillips N Matheson Jim Matheson 113 H Democrat Squire Patton Boggs; National Rural Electric Cooperative Assn Y McKeon Buck McKeon 113 H Republican McKeon Group Y Miller George Miller 113 H Democrat Cengage Learning; GM Strategies Y Moran Jim Moran 113 H Democrat McDermott, Will & Emery; Nelson, Mullins et al Y Owens Bill Owens 113 H Democrat McKenna, Long & Aldridge; Dentons US N Pryor Mark Pryor 113 S Democrat Venable LLP N Rahall Nick Rahall 113 H Democrat Cassidy & Assoc N Rockefeller Jay Rockefeller 113 S Democrat Council on Foreign Relations N Schwartz Allyson Schwartz 113 H Democrat Better Medicare Alliance; Center for American Progress N Southerland Steve Southerland 113 H Republican Capitol Hill Consulting Group N Terry Lee Terry 113 H Republican Kelley, Drye & Warren Y Tierney John F Tierney 113 H Democrat Council for a Livable World N Waxman Henry Waxman 113 H Democrat Waxman Strategies Y Altmire Jason Altmire 112 H Democrat Blue Cross/Blue Shield of Florida Y Austria Steve Austria 112 H Republican Welch Resources; Zaino, Hall & Farrin Y Bartlett Roscoe G Bartlett 112 H Republican Roscoe Bartlett & Assoc Y Bass Charles Bass 112 H Republican Greenberg Traurig LLP Y Berman Howard L Berman 112 H Democrat Covington & Burling Y Bilbray Brian P Bilbray 112 H Republican Self-employed lobbyist Y Bono Mary Bono Mack 112 H Republican Faegre Baker Daniels Consulting; Integritas by Bono Y Brown Scott Brown 112 S Republican Nixon Peabody LLP Y Burton Dan Burton 112 H Republican Azerbaijan America Alliance; Dan Burton International Y Cardoza Dennis Cardoza 112 H Democrat Manatt, Phelps & Phillips; Foley & Lardner Y Carnahan Russ Carnahan 112 H Democrat Carnahan Global Consulting N Conrad Kent Conrad 112 S Democrat Campaign to Fix the Debt; Self-employed lobbyist Y Costello Jerry F Costello 112 H Democrat Jerry Costello Group Y Critz Mark Critz 112 H Democrat Mark Critz LLC N Davis Geoff Davis 112 H Republican Republic Consulting Y DeMint Jim DeMint 112 S Republican Heritage Foundation; Conservative Partnership Institute N Dicks Norm Dicks 112 H Democrat Van Ness Feldman; Norm Dicks & Assoc Y Giffords Gabrielle Giffords 112 H Democrat Americans for Responsible Solutions; Giffords N Hochul Kathleen Hochul 112 H Democrat M&T Bank N Hutchison Kay Bailey Hutchison 112 S Republican Bracewell & Giuliani; Campaign to Fix the Debt; Fleishman-Hillard Inc N Kildee Dale E Kildee 112 H Democrat Ietan Consulting; Akin, Gump et al Y Kucinich Dennis Kucinich 112 H Democrat Center for Food Safety Y LaTourette Steve LaTourette 112 H Republican McDonald, Hopkins et al; Republican Main Street Partnership Y Lieberman Joe Lieberman 112 S I American Enterprise Institute; Kasowitz, Benson et al Y Lugar Richard G Lugar 112 S Republican Lugar Center N Lungren Dan Lungren 112 H Republican Venable LLP; Washington Navigators; Lungren Lopina LLC; King & Spalding Y Mack Connie Mack 112 H Republican Liberty Partners Group; Levick Strategic Communications; Mack Strategies; Black Diamond Strategies Y Miller Brad Miller 112 H Democrat Center for American Progress; Roosevelt Institute Y Myrick Sue Myrick 112 H Republican Footwear Distribs & Retailers of America; Inspiration Network; Self-employed lobbyist Y Nelson Ben Nelson 112 S Democrat National Assn of Insurance Commissioners; Agenda Global; Heartland Strategy Group N Quayle Ben Quayle 112 H Republican Clark Hill PLC; U.S. Chamber of Commerce; Hobart Ventures Y Rehberg Denny Rehberg 112 H Republican Mercury Y Ross Mike Ross 112 H Democrat Southwest Power Pool N Rothman Steven R Rothman 112 H Democrat Sills, Cummis et al N Shuler Heath Shuler 112 H Democrat Duke Energy; Baker & Hostetler N Snowe Olympia Snowe 112 S Republican Bipartisan Policy Center; Campaign to Fix the Debt N Stearns Cliff Stearns 112 H Republican APCO Worldwide Y Sullivan John Sullivan 112 H Republican SBL Strategies N Towns Edolphus Towns 112 H Democrat Gray Global Advisors; Self-employed lobbyist Y Weiner Anthony D Weiner 112 H Democrat Woolf Weiner Assoc N Abercrombie Neil Abercrombie 111 H Democrat Gavel Resources N Arcuri Mike Arcuri 111 H Democrat Cannae Policy Group Y Baird Brian Baird 111 H Democrat Vigor Shipyards; Washington Independents N Barrett Gresham Barrett 111 H Republican Nelson, Mullins et al Y Bayh Evan Bayh 111 S Democrat Apollo Global Management; McGuireWoods LLP; Cozen O'Connor N Bean Melissa Bean 111 H Democrat Mesirow Financial Holdings; JPMorgan Chase & Co N Bennett Robert F Bennett 111 S Republican Arent, Fox et al Y Bond Christopher "Kit" Bond 111 S Republican Thompson Coburn Llp; Kit Bond Strategies Y Boucher Rick Boucher 111 H Democrat Sidley Austin LLP Y Boyd Allen Boyd 111 H Democrat Twenty-First Century Group; Cannae Policy Group Y Burris Roland Burris 111 S Democrat Burris & Lebed Consulting Y Buyer Steve Buyer 111 H Republican Steve Buyer Group; 10 Square Solutions Y Carney Chris Carney 111 H Democrat Federal Advocates; BAE Systems Y Castle Michael N Castle 111 H Republican DLA Piper Y Davis Artur Davis 111 H Democrat SNR Denton N Delahunt Bill Delahunt 111 H Democrat Delahunt Group; Eckert, Seamans et al Y Diaz-Balart Lincoln Diaz-Balart 111 H Republican Western Hemisphere Strategies; Congressional Hispanic Leadership Institute Y Djou Charles Djou 111 H Republican Majority Group LLC N Dodd Chris Dodd 111 S Democrat Motion Picture Assn of America; Arnold & Porter Kaye Scholer Y Dorgan Byron L Dorgan 111 S Democrat Arent Fox LLP Y Driehaus Steve Driehaus 111 H Democrat Good Government Group N Gordon Bart Gordon 111 H Democrat K&L Gates Y Gregg Judd Gregg 111 S Republican Securities Industry & Financial Mkt Assn N Sandlin Stephanie Herseth Sandlin 111 H Democrat Olsson, Frank & Weeda Y Hill Baron Hill 111 H Democrat APCO Worldwide; Cook Industries; Cannae Policy Group Y Hoekstra Peter Hoekstra 111 H Republican Dickstein Shapiro LLP; Greenberg Traurig LLP; Hoekstra Global Strategies Y Inglis Bob Inglis 111 H Republican Energy & Enterprise Initiative/republicEN.org N Klein Ron Klein 111 H Democrat Holland & Knight Y Lincoln Blanche Lincoln 111 S Democrat Dutko Group; Lincoln Policy Group Y Martinez Mel Martinez 111 S Republican DLA Piper N McHugh John M McHugh 111 H Republican K&L Gates Y McMahon Michael E McMahon 111 H Democrat Herrick Feinstein LLP Y Meek Kendrick B Meek 111 H Democrat King & Spalding Y Melancon Charles Melancon 111 H Democrat International Franchise Assn N Minnick Walt Minnick 111 H Democrat Majority Group LLC; Partnership for Responsible Growth; Minnick Enterprises Y Mollohan Alan B Mollohan 111 H Democrat Nelson, Mullins et al Y Nye Glenn Nye 111 H Democrat Palantir Technologies; Hanover Investment Group N Obey David R Obey 111 H Democrat Gephardt Group N Ortiz Solomon P Ortiz 111 H Democrat Solomon P Ortiz Holdings Y Perriello Tom Perriello 111 H Democrat Open Society Foundations N Pomeroy Earl Pomeroy 111 H Democrat Alston & Bird Y Putnam Adam H Putnam 111 H Republican Ducks Unlimited N Radanovich George Radanovich 111 H Republican California Fresh Fruit Assn N Salazar Ken Salazar 111 S Democrat WilmerHale N Schauer Mark Schauer 111 H Democrat Winning Connections Y Shadegg John Shadegg 111 H Republican Steptoe & Johnson; Polsinelli PC Y Skelton Ike Skelton 111 H Democrat Husch Blackwell LLP N Snyder Vic Snyder 111 H Democrat Blue Cross/Blue Shield of Arkansas N Space Zack Space 111 H Democrat Vorys, Sater et al Y Stupak Bart Stupak 111 H Democrat Venable LLP Y Tanner John Tanner 111 H Democrat Prime Policy Group Y Tauscher Ellen O Tauscher 111 H Democrat Baker, Donelson et al N Teague Harry Teague 111 H Democrat Turner Government & Public Affairs N Tiahrt Todd Tiahrt 111 H Republican Tiahrt Enterprises; O'Neill & Assoc; Todd Tiahrt LLC; Todd Tiahrt & Assoc Y Wexler Robert Wexler 111 H Democrat Ballard Partners Y Democrat Republican

The list of recent senators-turned-influencers includes 16 Democrats, 15 Republicans and one independent, Sen. Joe Lieberman (I-Conn.), who registered as a lobbyist for ZTE but said he was not trying to influence lawmakers and officials.

Of the 29 former members of the most recent Congress to leave for advocacy work or lobbying firms, eight have registered as lobbyists. All of them are still subject to the cooling off periods enacted under the 2007 Honest Leadership and Open Government Act. Under the law, former House members must wait one year before lobbying their former colleagues while senators must wait two years before lobbying Congress.

Notable names include former Sen. Joe Donnelly (D-Ind.), now an adviser at Akin Gump, and Sen. Jon Kyl (R-Ariz.), a perpetual revolver who went back to Covington & Burling after a brief return to the Senate.

On the House side, Rep. Joseph Crowley (D-N.Y.), formerly the fourth-ranking House Democrat, left for K Street powerhouse Squire Patton Boggs after losing a primary to Rep. Alexandria Ocasio-Cortez. Former Interior Secretary and Rep. Ryan Zinke (R-Mont.) joined Trump-tied lobbying firm Turnberry Solutions as an adviser.

The cooling off period doesn't stop former members from signing up at lobbying firms right away, where they can assist registered lobbyists with strategy and outreach without violating the prohibition.

"They can call themselves strategic advisers, government affairs advisers, there are all kinds of names for it, but in my opinion, they're lobbying," Thurber said.

When government affairs professionals decide they want to run for public office, the "lobbyist" tag proves to be an onerous one, whether they were registered or not.

Sen. Evan Bayh (D-Ind.) officially retired from the Senate in January 2011 — and it took him just weeks to find work on K Street. He swiftly signed up to work for private equity firm Apollo Global Management as a senior adviser focusing on policy issues. Around the same time, he joined Washington law firm McGuireWoods to advise clients "whose business goals are impacted by public policy, the actions of Congress, the executive branch, or by governors and legislatures across the country."

Bayh later added another role as co-chair of Nuclear Matters, a coalition led by nuclear energy companies, and joined the board of a number of companies including oil giant Marathon Petroleum. He did not register as a lobbyist for any of those roles.

Then, in 2016, Bayh decided to run for Senate again. His campaign was quickly assailed by attack ads that labeled Bayh as a Washington lobbyist who "... left us to work for them."

"My opponent is attacking me as a lobbyist," Bayh responded in his own campaign ad. "That's just a lie."

Bayh lost by nearly 8 points. He left McGuireWoods in May 2018 to join bipartisan lobbying firm Cozen O'Connor Public Strategies as a senior advisor. He has never registered as a lobbyist.

Rep. Steve Stivers (R-Ohio) was similarly attacked for his state-level lobbying work during his first run for Congress in 2008. The vice president of government relations for an Ohio JP Morgan-owned bank insisted he wasn't a lobbyist.

"My title was never 'lobbying,'" he told the Columbus Dispatch. "My title was 'government relations.'"

Stivers lost by less than one-tenth of 1 point in 2008 but won a rematch in 2010.

Then there's Sen. Mark Begich (D-Alaska), another senator-turned-adviser at a major lobbying firm. Begich joined lobbying giant Brownstein Hyatt Farber Schreck as a strategic adviser shortly after losing his 2014 reelection bid. Begich also launched his own Alaska-focused consulting company, which contracted with the Washington firm he was advising.

Begich unsuccessfully ran for governor in 2018, and shortly before election day, his consulting work came under scrutiny as a potential conflict of interest should he be elected.

When Begich was first hired as an adviser, Brownstein's chief lobbyist, Marc Lampkin, said the former senator wouldn't lobby but would "help us lay out the map." Begich returned to Brownstein after losing his election last year — he has not registered as a lobbyist.

Several former senators have not registered to lobby after completing their 2-year cooling off period, despite working in the influence world.

Now a partner at DLA Piper, Sen. Saxby Chambliss (R-Ga.) advises clients across the country about how best to deal with Congress. The former chairman of the Senate Intelligence and Agriculture committees took the job five days after leaving office and has not registered as a lobbyist.

"His insight and guidance will be of tremendous value to clients with pressing global interests, before the new Congress and within the constantly changing regulatory and public policy environment," Roger Meltzer, global co-chair and co-chair (Americas) of DLA Piper, said at the time of Chambliss' hiring, citing his connections with lawmakers and corporate leaders.

Former Sen. Mark Pryor (D-Ark.), a partner at Venable LLP, assists the law firm's government affairs operation in Washington but has not registered to lobby.

"Mark leverages his Capitol Hill experience and relationships to counsel clients effectively on a wide variety of major issues at the intersection of law, policy, and business," reads his profile on the firm's website.

Paul Miller, president of the National Institute for Lobbying and Ethics, the leading trade group for lobbyists, said many ex-members who call themselves strategic advisers but don't register are "cheating the system" by exploiting gaping loopholes within LDA.

"You're doing nothing different from what I do for a living, except that I'm registered and you're not," Miller said.

Former Sen. Kelly Ayotte (R-N.H.) is a senior adviser for Citizens for Responsible Energy Solutions, the right-of-center environmental advocacy group that spends six figures on lobbying every year. She penned a Washington Post op-ed in June plugging clean energy proposals by Republican senators. Ayotte, who also serves on the board of BAE Systems, News Corp and Blackstone Group, among others, has not registered as a lobbyist.

On the House side, a large number of members leave for lobbying firms right after leaving office and register once their cooling off period expires. Others don't register at all.

Rep. Nick Rahall (D-W.Va), former Natural Resources Committee chairman, advises Cassidy & Associates on issues related to public lands and natural resources and is not registered. The Washington firm brought in more than $7 million in lobbying fees through the first half of 2019, with much of its cash coming from energy interests.

Former House Ways and Means Committee Chairman Dave Camp (R-Mich.) has served as a senior policy adviser on Washington tax issues for PricewaterhouseCoopers since 2015.

"Chairman Camp's extensive tax policy experience helps companies navigate the dynamic legislative and regulatory process to develop successful strategies and advance policies meant to improve economic growth and competition in global markets," reads his profile.

Former Rep. Allyson Schwartz (D-Pa.) is CEO of Better Medicare Alliance, a healthcare industry-funded interest group that lobbies for Medicare plans that are supplemented by private insurance. Schwartz can be seen on the group's website meeting with members of Congress but has not registered as a lobbyist.

Former House Speaker John Boehner (R-Ohio) is a strategic advisor for Squire Patton Boggs and an unlikely pitchman for legalized marijuana as a board member of marijuana investment firm Acreage Holdings.

Squire Patton Boggs boasts that it is the only public policy firm that retains the services of a former House Speaker and former Senate Majority Leader, Trent Lott (R-Miss.), who is registered. Lott helped craft the 2007 lobbying reform legislation, then left the Senate the same year to lobby, thus completely dodging the 2-year cooling off period.

Trade Association Registrations

Leaders of powerful trade associations bear as much influence as any individual in Washington. They often have significantly more access to government officials than the average lobbyist, and their words carry more weight as they are considered top experts in their industry, said Berry, of Tufts University.

Having connections with government officials and lawmakers is invaluable for the Washington-based trade groups whose members depend on pushing industry-friendly policies.

Among the top 25 trade associations by lobbying spending through the first half of the year, 18 are run by executives who previously held a position in government.

OpenSecrets' review of trade association leaders reveals that registration is wildly inconsistent. Twelve of the top trade association executives are registered as lobbyists, while 13 are not registered.

Trade Associations Trade Association Lobbying Spending Top Executive Registered Revolver? US Chamber of Commerce $40,615,000 Donahue Thomas Donahue Y Y National Assn of Realtors $21,858,764 Goldberg Bob Goldberg N N Pharmaceutical Research & Manufacturers of America $16,428,000 Ubl Stephen Ubl N Y American Hospital Assn $12,282,012 Pollack Richard Pollack N Y American Medical Assn $11,960,000 Madara James Madara N N National Assn of Broadcasters $6,900,000 Smith Gordon Smith Y Y Business Roundtable $6,610,000 Bolten Joshua Bolten Y Y Biotechnology Innovation Organization $6,010,000 Greenwood James Greenwood N Y CTIA $5,740,000 Baker Meredith Baker N Y American Bankers Assn $5,309,000 Nichols Rob Nichols Y Y America's Health Insurance Plans $5,090,000 Eyles Matt Eyles Y Y Edison Electric Institute $4,627,979 Kuhn Tom Kuhn N Y National Assn of Manufacturers $4,200,000 Timmons Jay Timmons Y Y American Petroleum Institute $3,500,000 Sommers Mike Sommers N Y National Retail Federation $3,483,000 Shay Matthew Shay N N American Property Casualty Insurance Assn $3,380,000 Sampson David Sampson N Y American Chemistry Council $3,370,000 Dooley Calvin Dooley Y Y Alliance of Automobile Manufacturers $3,150,000 Schwietert David Schwietert Y Y Consumer Technology Assn $3,150,000 Shapiro Gary Shapiro N Y Independent Community Bankers of America $2,860,000 Rainey Rebeca Romero Rainey Y N Securities Industry & Financial Mkt Assn $2,740,000 Bentsen Kenneth Bentsen Y Y National Multifamily Housing Council $2,710,000 Bibby Doug Bibby N N Recording Industry Assn of America $2,650,974 Glazier Mitch Glazier Y Y American Assn for Justice $2,650,000 Lipsen Linda Lipsen Y N Association of International CPAs $2,550,000 Melancon Barry Melancon N N

While the top trade associations are frequently listed among the top lobbying spenders, they shell out millions more in untraceable spending on public relations campaigns and Washington-area events meant to sway the opinion of policymakers.

Pharmaceutical Research & Manufacturers of America has spent nearly $381 million on lobbying since 1998, good for fifth among lobbying clients. The pharmaceutical industry’s top trade group brings in hundreds of millions from its members every year — it raised nearly $456 million in 2017 — and shells out millions more on consulting and public relations campaigns.

Its president, Stephen Ubl, is frequently recognized as a top Washington "advocate," but the former aide to Sen. Chuck Grassley (R-Iowa) hasn't registered as a lobbyist since 2005, when he ran his own healthcare-focused lobbying firm. That didn't stop him from personally visiting Capitol Hill amid a Senate push to pass drug pricing bills, including one sponsored by Grassley, that would hurt the industry.

Not every trade association is run by a top lobbyist, even if the job typically entails being a top lobbyist. National Association of Realtors president Bob Goldberg is a Realtor, just as James Madara of the American Medical Association is a doctor.

But having Washington connections comes in handy. Richard Pollack served as the American Hospital Association's top lobbyist for more than two decades before being promoted to president. He terminated his LDA registration at the end of 2016, his first full year as president. At the time of Pollack's hiring, industry experts praised the hiring due to his effectiveness as a Washington lobbyist, despite his lack of experience overseeing hospital systems.

Meredith Baker, a former member of the Federal Communications Commission, was a registered lobbyist for Comcast but dropped her registration when she became president of CTIA, the wireless industry trade association.

Former chief of staff to John Boehner Mike Sommers took over the oil industry's American Petroleum Institute last year. Unlike outgoing president Jack Gerard, Sommers is not an industry insider, and unlike Gerard, he has not registered as a lobbyist. Just before joining the trade group, Sommers led the American Investment Council, which lobbied House Republicans to keep a controversial deduction in the 2017 tax bill.

Former members of Congress have found success leading powerful trade associations. Former Rep. James Greenwood (R-Pa.) has led the Biotechnology Innovation Organization since 2005, and his connections have "substantially raised" the organization's profile, according to the group's website. Greenwood has never registered as a lobbyist.

Former Sen. Chris Dodd (D-Conn.) didn't register as a lobbyist during his seven years as head of the Motion Picture Association of America, which represents the major film studios and Netflix. Dodd stepped down in January 2017, around the same time as Trump's inauguration. He received $3.9 million in compensation and benefits in his final year — far more than the $2.6 million the group reported spending on lobbying. Dodd later registered as a lobbyist for one client at law firm Arnold & Porter Kaye Scholer.

"I don't think some of them cross the threshold for that 20 percent barrier to have to register, but I guess my point is that these top CEOs have more of an impact than most of us," said Miller, a registered lobbyist.

Proposed Lobbying Reforms

Then-candidate Trump promised to "drain the swamp" in 2016, introducing a number of proposals to change lobbying laws including a solution to crack down on shadow lobbying by expanding the definition of a lobbyist.

But President Trump's ethics policy wasn't as rigorous. It was similar to the Obama administration's rules and in some cases actually loosened some of the restrictions. Plus, the Trump administration's ethics policies aren't strongly enforced, as Trump has used ethics waivers to allow a record numbers of lobbyists to enter the administration.

"It's hard to think of any ethical standards that have not become more lax in the Trump years in terms of 1917-on," said Berry, of Tufts University.

On the other side, former Trump aides have found great success as lobbyists — and several other Trump aides appeared to conduct influence work in the shadows. Michael Cohen, Corey Lewandowski and Rudy Giuliani are just some of the Trump-tied figures who have been accused of selling access to the president without disclosing official influence activities.

While Cohen secured contracts to advise large foreign companies while still working for Trump, Giuliani took on gigs with numerous foreign governments. They did not report their arrangements in lobbying disclosures.

Lewandowski launched several of his own apparent lobbying firms but never registered as a lobbyist, and was accused of selling access to the White House almost immediately. In addition to launching the lobbying firm Avenue Strategies, he advised major clients, including T-Mobile when the company angled to get approval from Trump on a major merger. Lewandowski also joined up with Turnberry Solutions, which deploys two registered lobbyists, both former Trump aides, and has increased its revenue every year in the Trump era.

Trump doesn't seem bothered by Lewandowski's underground efforts — and is campaigning to support Lewandowski's potential New Hampshire Senate bid in 2020.

The Trump administration has found some success improving transparency with regards to foreign lobbying. Following Russian interference in the 2016 election and an unreported foreign influence campaign from former Trump campaign aide Paul Manafort, Trump's Justice Department has indicted a record number of actors for failing to disclose foreign influence operations.

"DOJ is having a renewed effort to crack down on FARA violations," Miller said. "If we did that on LDA violations, I would welcome it, because there are a lot of people in this town doing things they probably shouldn't do and flying under the radar because it's really an honor system."

The increased enforcement hasn't come without snags. A jury found former Obama White House counsel Greg Craig not guilty of making false statements under FARA, while the FARA-related conviction of a Mike Flynn associate was thrown out by a judge.

Members of Congress have introduced a number of bills meant to crack down on the revolving door and shadow lobbying.

Sen. Ted Cruz (R-Texas) and Rep. Alexandria Ocasio-Cortez (D-N.Y.) raised eyebrows in May when they agreed on Twitter to introduce a ban on members of Congress from becoming paid lobbyists. But they weren't the first, and won't be the last, to propose such a ban. Earlier the same session, Sens. Mike Braun (R-Ind.) and Rick Scott (R-Fla.) introduced a permanent lobbying ban for members of Congress. The effectiveness of proposed lobbying bans have been called into question time after time for encouraging "shadow lobbying."

Sen. Elizabeth Warren (D-Mass.), a leading presidential candidate, introduced a number of proposals, including a tax on federal lobbying and a permanent ban on foreign nations from lobbying the U.S.

House Democrats' election and ethics bill, H.R. 1, would lower the lobbying registration threshold to 10 percent from 20 percent. The bill passed the House but is dead on arrival in the Republican-led Senate.

The American Bar Association and Miller's lobbyist trade group have advocated for scrapping the 20 percent rule entirely and replacing it with a more reasonable and less arbitrary threshold.

Despite calls for reform, even from within the industry, Congress has not made substantial changes to LDA in more than a decade.

"Our current lobbying disclosure rules have become an obstacle to transparency, leaving the American public in the dark about how influential forces attempt to shape federal policy," said Sheila Krumholz, executive director of the Center for Responsive Politics. "The time to revisit the rules and close the lobbying loopholes that are so commonly exploited is long past due."

Jessica Piper, Anna Massoglia, Vaughn Golden and Reid Champlin contributed to this report.