May 1, 2008 – 12:33 p.m.
The National Association of Manufacturers has rung a bell that cannot be unrung.
The 11,000-member trade group fought all the way to the Supreme Court to avoid naming the members that help organize its lobbying. The disclosure was required under a new law (PL 110-81) in reports due April 21.
After initially filing a lobbying report that cited the pending case, NAM on Thursday revealed the names of 65 members that contributed at least $5,000 each during the first quarter of the year and actively participated “in the planning, supervision or control of such lobbying activities.”
Penalties for violating the new law are stiff, extending to five years in prison and a $200,000 fine for failure to comply. But groups have 60 days to file amended reports before enforcement begins.
NAM posted the names on its Web site, as most major groups did to comply. Companies that met the threshold for lobbying disclosure ranged from AT&T and Bristol-Myers Squibb Co., to W.R. Grace & Co., and Xerox Corp.The names were unremarkable for a trade group that spends millions each year advocating for manufacturers.
But the legal fight over the disclosure continues. Despite losing its bid to block release of the names while the case played out, something it compared to ringing a bell that cannot be unrung, NAM has continued to fight the requirement’s constitutionality in a case pending at the U.S. Court of Appeals for the D.C. Circuit. The group says members should be allowed to lobby confidentially.
“Denial of our request for an injunction does not address our basic challenge to the constitutionality of this pernicious law which threatens the viability of business trade associations,” NAM President John Engler said as the group filed its appeal. “As businesses become aware of the serious implications of this law, many of them will curtail their membership or restrict their involvement in trade associations.”
Watchdog groups will monitor the case to ensure the disclosure is upheld, so government officials know who is lobbying them.
“People have to get used to a new world,” said Fred Wertheimer, president of Democracy 21, a group that fought for disclosure.


