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1 © 2008 Venable LLP The Mechanics of Lobbying Disclosure Completing LD-1, 2, & 203 JUNE 26, 2008
2 © 2008 Venable LLP Contact Information VENABLE TEAM Jeffrey S. Tenenbaum t f Ronald M. Jacobs t f
3 © 2008 Venable LLP LD-1 Refresher Completing the LD-2 –Affiliates –Foreign Entities –Termination Preview of the LD-203 –Information to be collected –Preparing for the report Topics for Today
4 © 2008 Venable LLP Complete online form Print form and send to Secretary: –Mail – –Fax Senate will ID to you OBTAIN SENATE ID Completing LD-1
5 © 2008 Venable LLP Install software DOWNLOAD SOFTWARE Completing LD-1
6 © 2008 Venable LLP Download blank LD-1 DOWNLOAD FORM Completing LD-1
7 © 2008 Venable LLP Enter Senate ID Name and address of registrant Client = Registrant? Lobbyists –Time 20% –Contacts >1 –Disclose covered positions (Executive or Legislative Branch) for past 20 years If more than 1, list lobbyist multiple times, with each position COMPLETE PAGE 1 Completing LD-1
8 © 2008 Venable LLP Issue Codes Specific Issues –Include bill numbers Affiliated Organizations Foreign Organizations COMPLETE PAGE 2 Completing LD-1
9 © 2008 Venable LLP Test for Affiliation: –Contributes more than $5,000 per quarter toward lobbying activities Dues: percentage allocated for lobbying Special assessments for lobbying Quarterly versus yearly payments AND –Actively participates in lobbying Disclosure: –List each entity on form OR –List web site with members May not use web if entity in whole or major part plans, supervises, or controls; must list on form Whole or major part = 20% AFFILITATED ENTITIES Completing LD-1
10 © 2008 Venable LLP Examples of Active Participation: –Serving on a board of an organization If the organization is substantially devoted to lobbying But not if the organization has multiple purposes and the board only sets overall budget –Serving on lobbying oversight committee –Serving as part of informal lobbying coalition that directs lobbying strategy Examples of passive participation: –Attending an annual meeting –Providing a list of legislative priorities –Responding to requests for information from lobbyists Individuals who serve on committees by virtue of working for another organization cause the other organization to “actively participate” AFFILITATED (CONTINUED) Completing LD-1
11 © 2008 Venable LLP Contributes more than $5,000 per quarter toward lobbying activities AND ONE OR MORE OF THE FOLLOWING: Holds at least 20 percent equitable ownership in client or in an affiliated entity Directly or indirectly, in whole or in major part, plans, supervises, controls, directs, finances, or subsidizes client or affiliated entity –In whole or major part defined as 20% Is an affiliate of the client or of an affiliated entity and has a direct interest in the outcome of the lobbying –Guidance suggests that final prong imports any foreign entity that actively participates in lobbying (see prior slide) FOREIGN ENTITIES Completing LD-1
12 © 2008 Venable LLP Add update page if needed Contact information – update if needed Lobbying income or expenses: –Income if lobbying firm –Expenses if self- registrant 3 methods: –LDA –501(c)(3) –Non- deductibility method of 162(e) PAGE 1 LD-2
13 © 2008 Venable LLP Issue Code Specific Lobbying Issue Agencies –House –Senate –Executive Branch Name of Lobbyist –Include covered official position for past 20 years –May have to repeat lobbyist on multiple lines Foreign entities One Issue Per Page –Click button for additional pages PAGE 2 LD-2
14 © 2008 Venable LLP Client update information Remove lobbyists –Important because of LD-203 obligations Remove issues Affiliated Organizations –Add or remove –List web site if not previously listed Foreign Entities –Add or remove Add additional page if more space is needed PAGE 3 LD-2
15 © 2008 Venable LLP Semiannual disclosure of “political” contributions One form for each registrant –Lobbying firm –Association or company One form for each registered lobbyist –Must obtain user-ID from Senate Not yet available –Look to lobbyists listed on LD-1 and LD-2 reports who have not been terminated Important to terminate those who are not lobbyists Must report if listed as registered lobbyist for any portion of semiannual period Includes certification of Gift Rule compliance OVERVIEW LD-203
16 © 2008 Venable LLP Name of the person or organization –If an individual, then disclose employer Name of all political committees established or controlled by person or organization –For organization, connected PAC –For individual: Guidance suggests serving on a PAC board is sufficient to be considered in control of a PAC (e.g., a leadership PAC) Guidance suggests being treasurer is sufficient to be in control of a PAC IDENTIFYING INFORMATION LD-203
17 © 2008 Venable LLP All contributions aggregating $200 or more during the semiannual period given to: –Federal candidates –Leadership PACs –Political parties Leadership PAC: With respect to a candidate for election to Federal office or an individual holding Federal office, a political committee that is directly or indirectly established, financed, maintained or controlled by the candidate or the individual but which is not an authorized committee of the candidate or individual and which is not affiliated with an authorized committee of the candidates or individual, except such term does not include a political committee of a political party. Must disclose contributions by the individual or organization, and any PAC established or controlled by the individual or organization –E.g., connected PAC, PAC listed by individual CAMPAIGN CONTRIBUTIONS LD-203
18 © 2008 Venable LLP Must report the date and amount of each contribution Aggregation is during semiannual period and does not appear to carry over –E.g., $199 in May does not appear to be aggregated with $199 in August All of this information is already disclosed through the FEC (either by the donor, in the case of a PAC, or the recipient) –Must still be disclosed on LD-203 CAMPAIGN CONTRIBUTIONS (CONTINUED) LD-203
19 © 2008 Venable LLP Name, date, recipient, covered official, and amount of contribution or disbursement for the following: –To pay the cost of an event to honor or recognize a covered executive or legislative branch official –To an entity that is named for a covered legislative branch official, or to a person or entity in recognition of such official E.g., honorarium to charity, payment to endow a chair at a school Does not include covered executive officials –To an entity established, financed, maintained, or controlled by a covered legislative or executive branch official or an entity designated by such official –To pay the costs of a meeting, retreat, conference, or other similar event held by, or in the name of, one or more covered legislative or executive branch officials CONTRIBUTIONS TO ORGANIZATIONS LD-203
20 © 2008 Venable LLP Not clear how contributions that fit on multiple lines will be reported How broad is the guidance and what impact does it have? Not clear how related foundation payments will work Contributions in this section do not have to be reported if they are otherwise reported under the Federal Election Campaign Act –E.g., by a PAC giving the funds or a candidate receiving the funds –Thus, do not have to double report CONTRIBUTIONS TO ORGANIZATIONS LD-203
21 © 2008 Venable LLP Examples In State "A," a group of constituents involved in widget manufacturing decide to honor Senator "Y" and Representative "T" with the "Widget Manufacturing Legislative Leaders of 2008" plaques. Registrant "B" is aware that "Y" has checked with the Senate Select Committee on Ethics regarding her ability to accept the award and attend the coffee, and "T" has checked with the House Committee on Standards of Official Conduct. "B" pays caterer "Z"$500 and Hotel "H" $200 to partially fund the event. "B" would report that it paid $500 to "Z" and $200 to "H" on November 20, 2008 for the purpose of an event to honor or recognize "Y" and "T" with the plaques. Key Points: –Fairly clear case of honoring – plaques –What about attendees of the event, do they have to report payments? –Note that the payments are not to an organization, but to the hotel and caterer –What if this was just a coffee discussion? CONTRIBUTIONS TO ORGANIZATIONS LD-203
22 © 2008 Venable LLP Examples Senator "Y" and Representative "T" are honorary co-hosts of an event sponsored by Registrant "R" to promote "Widget Awareness." "R" would disclose the date, amount, recipient(s) of funds and "Y" and "T" since "Y" and "T" are being honored and or recognized. Key Points: –Is co-hosting really recognizing or honoring? –Isn’t this more likely to be a payment “to pay the costs of a meeting, retreat, conference, or other similar event held by… one or more covered legislative or executive branch officials?” What happens if it is reported on the wrong line? CONTRIBUTIONS TO ORGANIZATIONS LD-203
23 © 2008 Venable LLP Examples Registrant "R" sponsors an event. Senator "Y" is listed on the invitation as an attendee. Representative "T" is listed on the invitation as a speaker. "R" would disclose the date, amount, recipient(s) of funds, and "Y" and "T" as being recognized. Key Points: –Is Y really being recognized here? –If so, then what about payments by attendees of the event? In State "A," there is a large regional conference on "Saving Our River," sponsored by three 501c(3) organizations. Senator "Y" and Representatives "T" and "R" are invited to appear as honored guests. Registrant "B" contributes $3,000 to the event, paying one of the sponsors. "B" would disclose a payment of $3,000 on August 1, 2008 payable to the sponsor with the notation that "Y," "T," and "R" are honored guests. Key Points: –Facts make it such that they are being honored? How do we know? CONTRIBUTIONS TO ORGANIZATIONS LD-203
24 © 2008 Venable LLP Examples Registrant "B" is a large organization with 50 state offices in which its employees are assigned to handle state and local government affairs issues. A separate local organization hosts an event that honors primarily local officials, but also includes Representative "T," as an honoree. "B" pays for its employees' lunches at the honoring event. Accordingly, "B" would report that it paid the local organization $200 for lunch to honor "T." Key Points: –What makes T an honoree? –What if he is just speaking? –What if the event was a 3-day event with one Member speaking on a panel –What if the attendees were staff (still covered officials) and not members –What if these are covered executive branch officials – much harder to know What if the official scheduled to attend is a covered official but a non- covered official substitutes as the speaker? CONTRIBUTIONS TO ORGANIZATIONS LD-203
25 © 2008 Venable LLP OTHER EXAMPLES LD-203 Request for contribution to Iowa relief from Senate staff person Looking only at , is this made at the designation of a covered official? –Probably –If this person is on the board, does that make it controlled by a covered official – board seat is control for purposes of a PAC
26 © 2008 Venable LLP OTHER EXAMPLES LD-203 A contribution would be reportable because of the “honorary” hosts What if there were no honorary hosts, but the board included covered legislative branch officials?
27 © 2008 Venable LLP Federalist Society 2007 National Lawyers Convention –3-Day Event –Are registration costs reportable? –Sponsorship? OTHER EXAMPLES LD-203
28 © 2008 Venable LLP International Association of Privacy Professionals 2008 Privacy Summit –Approximately 96 Speakers –One covered legislative branch official Is this “recognizing?” –Several executive branch officials Are they covered? –Is registration reportable? –Sponsorship? OTHER EXAMPLES LD-203
29 © 2008 Venable LLP Name of each Presidential Library Foundation to which contributions aggregating $200 or more in the semiannual period are given, along with date and amount of contribution Name of each Presidential Inaugural Committee to which contributions aggregating $200 or more in the semiannual period are given, along with the date and amount of the contributions –Would include tickets purchased from such committees Must report contributions from the individual, organization, or a controlled PAC CONTRIBUTIONS TO PRESIDENTIAL ENTITIES LD-203
30 © 2008 Venable LLP Has read and is familiar with those provisions of the Standing Rules of the Senate and the Rules of the House of Representatives relating to the provision of gifts and travel Has not provided, requested, or directed a gift, including travel, to a Member of Congress or an officer or employee of either House of Congress with knowledge that receipt of the gift would violate rule XXXV of the Standing Rules of the Senate or rule XXV of the Rules of the House of Representatives. CERTIFICATION LD-203
31 © 2008 Venable LLP Contact Information YOUR VENABLE TEAM Jeffrey S. Tenenbaum t f Ronald M. Jacobs t f
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