Presentation to Alaska Bar May 17, 2013 Ashley Bailey (202)

Federal Lobbyist Disclosure Requirements __________________________________________________ The Lobbying Disclosure Act & Honest Leadership and Open Government Act 2

 Organization Lobbying On Own Behalf Organizations with at least one in-house employee who qualifies as a lobbyist under the LDA  if the organization spends at least $12,500 in a calendar quarter on lobbying activities  Lobbying Firm Lobbying firms with at least one employee or principal who qualifies as a lobbyist under the LDA  if the firm receives more than $3,000 in a calendar quarter from the same client for lobbying work  Includes law firms with in-house lobbying shops and sole proprietorships 3

(1)Individual employed for financial compensation; (2)Who makes more than one lobbying contact on behalf of his/her employer or client to covered executive or legislative branch officials during any period of time; AND (3)Has devoted at least 20 percent of his or her time in any three-month period to lobbying activities (e.g., researching, drafting talking points, and all other work in preparation to make lobbying contacts). If any one criteria is missing, the employee is not a lobbyist under the LDA. 4

Communication to a covered official with regard to any of the following:  The formulation, modification, or adoption of – – federal legislation – federal rule – regulation – executive order – or any other program, policy, or position of the U.S. government  The administration or execution of a federal program or policy (including awards of contracts, grants, licenses, etc.)  The nomination or confirmation of an individual to an office requiring Senate confirmation 5

 Public speeches and publications  Administrative requests that do not include an attempt to influence  Congressional testimony  Information provided in writing at the request of a covered official * There are 19 exceptions at 2 U.S.C. § 1602(8)(B). 6

 Contacts made on behalf of an individual with regard to the individual’s benefits, employment, or other personal matters.  Excludes requests for private legislation if they are made to officials other than the individual’s elected Members of Congress and their staffs  Responses to notices in the Federal Register or similar publication soliciting comments from the public and written comments filed in a public proceeding  Communications made to an agency official in regard to a judicial proceeding or civil/criminal law enforcement inquiry or investigation 7

 Members and Elected Officers of Congress  Employees of Members of Congress, of congressional committees, and of working groups and caucuses organized by Congress  Legislative branch employees serving in a position described in the Ethics in Government Act (e.g., certain employees of the Library of Congress, Government Accountability Office, Congressional Budget Office). 8

 The President and Vice-President  Employees in the Executive Office of the President  Employees at levels I - V on the Executive Schedule  Members of the uniform services at grade 0-7 or above  Employees serving in a confidential, policy- making capacity, covered by 5 U.S.C. § 7511(b)(2)(B) (i.e., Schedule C political appointees). 9

Organization or Lobbying Firm  Lobbying Registration (LD-1 Form) Due within 45 days of being employed or retained to make at least two lobbying contacts for an employer or client (assuming the 20% of time threshold is satisfied).  Quarterly Lobbying Reports (LD-2 Form) Due April 20, July 20, October 20, January 20  Semi-Annual Contribution Report (LD-203) Due July 30 and January 30 Individual Lobbyist  Personal Semi-Annual Contribution Report (LD-203) Due July 30 and January 30 10

 Lobbying Income (Lobbying Firms)  Lobbying Expenses (Other Organizations)  Lobbying-related travel costs  Lobbying-related research fees  Lobbying-related printing/graphics fees  Fees to hire outside lobbyists  A portion of the income of persons engaged in lobbying  A portion of overhead related to lobbying 11

 LDA Method (Method A)  Uses LDA’s definition of lobbying  Tax Code Methods (Methods B & C)  Method B - for tax-exempt organizations  Method C - for taxable businesses and trade associations  Permits use of IRC definitions for type of organization involved  Not available for lobbying firms. 12

For each issue area –  Describe the issue (not just bill numbers)  Houses of Congress and agencies lobbied  Name of individual lobbyist who lobbied on the issue  Indicate whether individual held a covered legislative or executive branch position within the 20 years preceding the representation. 13

Indentify any foreign entity that –  Holds at least a 20% ownership interest in the client  or in any affiliate of the client that contributes more than $5,000 to the lobbying effort and “actively participates” in, or in “major part” plans, supervises, or controls the registrant’s lobbying activities OR  Directly or indirectly, in whole or major part, plans, supervises, controls, directs, finances, or subsidizes the activities of the client OR  Is an affiliate of either the client, or an organization affiliated with the client identified on Line 13 or 14 of Form LD-1 and has a direct interest in the outcome of the lobbying activity. 14

 Names of political committees established or controlled by the filer (corporations indentify corporate PAC)  Contributions to federal candidates, leadership PACs, and party committees  Expenditures for events in honor of covered officials  Funding of meetings/retreats held by covered officials  Funds paid to an entity named for a covered legislative branch official or in recognition of such official  Funds paid to an entity established, financed, maintained, or controlled by a covered legislative or executive branch official or to an entity designated by such official  Donations to presidential libraries and inaugural committees 15

Required Certification  Have read and are familiar with the House and Senate gift and travel rules  Have not provided, requested, or directed a gift, including travel, to a congressional member or employee with knowledge that acceptance of the gift would violate the House or Senate rules 16

 Terminate lobbyists on the LD-2 update page if they no longer lobby for the client.  If lobbying for a foreign government or foreign political party, register with DOJ under the Foreign Agents Registration Act.  If lobbying with respect to a federal award (e.g., government contract, federal grant, or direct appropriation from Congress), client may have a disclosure obligation under the Byrd Amendment. 17

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