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Posts Tagged ‘LDA’
Wednesday, July 30th, 2014 by Vbhotla
AGGRESSIVE CRACKDOWNS ON Lobbying Disclosure Act violations are rarely seen, but last week The Hill, in what it called a “bombshell,” reported that at the end of its most recent report, the Office of Congressional Ethics (OCE) “voted to refer one entity to the U.S. Attorney’s Office for the District of Columbia for failure to register under the Lobbying Disclosure Act.”
This is particularly noteworthy because as Covington & Burling’s Robert Kelner notes in the National Law Review, unregistered lobbyists have rarely, if ever, been pursued by the OCE or the Department of Justice. Kelner attributes the lack of enforcement to illegal lobbying being relatively low on the DOJ’s list of priorities, as well as a lack of media attention to LDA violations.
However, as we wrote in this space back in March, that may be changing. Since 2010, we’ve seen an uptick in enforcement for failure to file quarterly lobbying disclosures and for FARA violations. Between 1995 and 2010, only three lawsuits filed by the U.S. Attorney’s Office against lobbyists were settled, but since 2010, at least five suits have been filed related to HLOGA and FARA violations. With the revelations in OCE’s latest report, are we beginning to see the kind of enforcement that these laws originally intended?
With the lobbying industry increasingly operating underground, it seems likely that last week’s bombshell won’t be the last incident of illegal unregistered lobbying, but only time will tell if the OCE has more investigations underway or if this is an isolated incident.
Tags: Department of Justice, doj, FARA, LDA, OCE, Office of Congressional Ethics, robert kelner
Posted in Lobbying News, Regulations | Comments Off on Registration Crackdown
Friday, February 21st, 2014 by Geoffrey Lyons
THE LATEST EDITION of The Nation has as its cover story a detailed expose of what it calls “the shadow lobbying complex,” an issue explored at great length in this blog. While reading the article and delighting in its infographics, this blogger decided that a brief timeline of modern disclosure laws would make for an interesting post.
And so I began with the summer of 1935, when Rep. Denis Driscoll (D-Pa.) received 816 telegrams from constituents pleading him to oppose a measure that would break up the utility trust companies, which were then being run by a handful of remarkably wealthy men. The telegrams would have made for an impressive case study in lobbying from the bottom up, or “grassroots lobbying,” except for one important detail: the constituents behind the telegrams were completely fabricated. The whole thing was a sham, conjured together and funded by the utility companies.
This incident and the broader debate surrounding the Wheeler-Rayburn Utility Holding Company Act set the gears in motion for modern disclosure law, which today is ridiculed as an utter failure. Were I actually to have posted a timeline of lobbying disclosure, I might have used just five dates:
- 1946: The Federal Regulation of Lobbying Act is passed as a late response to the utility company debate
- 1991: the GAO exposes the law’s shortcomings
- 1999: The Lobbying Disclosure Act (LDA) is passed as a second try
- 2006: Jack Abramoff reports to prison, proving LDA a failure
- 2007: The Honest Leadership and Open Government Act (HLOGA) is passed as a third try, a significant amendment to LDA that adds criminal sanctions and stricter reporting requirements
Yet this would appear a very lopsided timeline, with nearly half a century separating the first two dates. Did nothing relevant transpire between the passage of The Federal Regulation of Lobbying Act and the GAO report that deemed it a failure?
In fact, something did. In 1977, a book was published that would become the basis for the GAO’s report. According to The Nation, the report found that “10,000 lobbyists listed in an industry guidebook had failed to register. Of those who had, as many as 94 percent failed to complete their registration forms as required by law.” This “industry guidebook” just happens to be Washington Representatives, a Lobbyists.info publication entering its 37th year. If one accepts The Nation’s claim that the GAO report was the “impetus” for LDA, and former Rep. Charles Canady’s (R-Fla.) assertion that the Washington Representative’s finding “underscored” the need for LDA, then to a significant extent Washington Representatives is responsible for LDA. The innumerable ironies that come packed with this are too rich and detailed for this blog. Needless to say it’s a fascinating discovery.
Tags: Charles Canady, Denis Driscoll, GAO, HLOGA, Jack Abramoff, LDA, The Federal Regulation of Lobbying Act, The Lobbying Disclosure Act, The Nation, Washington Representatives, Wheeler-Rayburn Utility Holding Company Act
Posted in Lobbying News | Comments Off on The Book Behind Current Lobbying Law
Friday, January 18th, 2013 by Geoffrey Lyons
LOBBYBLOG REMINDS YOU that two disclosure deadlines are approaching:
January 20 – LD-2
The once semi-annual, now quarterly report of lobbying income/expenditures is due for the fourth quarter of the LD-2 reporting calendar (see below). “Each registrant must file a quarterly report on Form LD-2 no later than 20 days (or on the first business day after such 20th day if the 20th day is not a business day) after the end of the quarterly period beginning on the first day of January, April, July and October of each year in which a registrant is registered.” (House Office of the Clerk). January 20th is in fact a Sunday, and the following Monday is a holiday, so make sure to get your LD-2 forms ready by Tuesday the 22nd.
| Reporting Period |
Filing Date |
| Jan 1 – March 31 |
April 20 |
| April 1 – June 30 |
July 20 |
| July 1 – Sept 30 |
Oct 20 |
| Oct 1 – Dec 31 |
Jan 20 |
January 30 – LD-203
The semi-annual report is required of all lobbyists to certify ethics compliance and disclosure. “Form LD-203 is required to be filed semiannually by July 30th and January 30th (or next business day should either of those days fall on a weekend or holiday) covering the first and second calendar halves of the year. Registrants and active lobbyists (who are not terminated for all clients) must file separate reports which detail FECA contributions, honorary contributions, presidential library contributions, and payments for event costs.” January 30th is a Wednesday.
For quick guidance on disclosure, visit lobbyingdisclosure.house.gov. For a more substantive reference guide, consider The Lobbying Compliance Handbook.
Tags: compliance, Disclosure, filing, HLOGA, LD-2, LD-203, LDA, lobby, Lobbying, lobbyist, the lobbying compliance handbook
Posted in Lobbying News | Comments Off on Federal Lobbying Disclosure Due
Wednesday, October 5th, 2011 by Brittany
 Effective January 1, 2008, the LD-1 lobbying registrations for new clients of lobbying firms must disclose the prior government service of each individual lobbyist for 20 years preceding the filing of the registration. New individual lobbyists employed by an existing registrant will also need to disclose this information on the entity’s next quarterly LD-2 report. Employees of the organization registered as lobbyists prior to January 1, 2008 are governed by the two-year look-back only.
New employee lobbyists – or existing employees who trigger lobbying registration after January 1, 2008 – must report their prior government service for the twenty years preceding the reporting period in which they are newly registered as lobbyists.
Prior government service is defined as a “covered executive or legislative branch official.” For purposes of disclosing prior government employment, all registrants and filers must use the LDA definition of “covered executive or legislative branch official.”
Covered executive branch officials under the LDA are:
- The President
- The Vice President
- Officers and employees of the Executive Office of the President
- Any official serving in an Executive Level I-V position
- Any member of the uniformed services serving at grade 0-7 or above
- “Schedule C” Employees
Covered legislative branch officials are:
- a Member of Congress
- an elected officer of either the House or the Senate
- an employee, or any other individual functioning in the capacity of an employee who works for a Member, committee, leadership staff of either the Senate or House, a joint committee of Congress, a working group or caucus organized to provide services to Members, and
- any other legislative branch employee who, for at least 60 days, occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule
For more information or to purchase the Lobbying Compliance Handbook click here.
Tags: government employment, LDA, lobbying disclosure, lobbying registration
Posted in Lobbying News | Comments Off on Ghosts of Lobbyists Past Prior Government Experience
Tuesday, September 20th, 2011 by Vbhotla
The Office of Government Ethics has announced proposed amendments to the current ethics guidelines applicable to federal employees. A few of them actually relax what the government has been practicing for the past year, but overall, the proposed changes would put stricter limitations on some political activity.
American League of Lobbyists president Howard Marlowe says, “The proposed rule would prevent federal employees from having even casual social contact with registered lobbyists. There is no evidence that the current overly-restrictive rules are being abused or are inadequate[, and t]he American League of Lobbyists strongly objects to this proposed rule. Unfortunately, it is another in a long series of moves by this Administration to reduce the mutual flow of information and expertise between lobbyists and friendly employees.”
Among those amendments:
– Excluding from the definition of registered lobbyist or lobbying organization the following types of organizations, even if these organizations are registered under the LDA: “nonprofit professional associations, scientific organizations, and learned societies.”
– Abolishing the requirement that an invitation to an event not come directly from a registered lobbyist. In other words, if the gift of the invitation comes from a 501(c)3, even if the organization is registered under LDA, the gift is allowed.
– Limiting the use of the gift exceptions for all government employees; formerly these applied to political appointees. No government employee would be able to use the following electronic cigarette comparison exceptions for gifts from registered lobbyists or lobbying entities: the $20 de minimus exception, the widely attended gathering exception and the social invitation exception.
-The widely attended gathering exception applies to training and professional development activities; it should not apply to purely social events, such as gala dinners, fundraisers, parties, etc.
– Trade associations would be excluded from the list of organizations that can extend invitations to government employees to attend widely attended gatherings. In its reasoning, OGE states that, “Trade associations may sponsor educational activities for their members and even the public, but the primary concern of such associations generally is not the education and development of members of a profession or discipline, which is the focus of the proposed exclusion.”
– The proposed rules seem to allow attendance at such activities held by professional societies, though both trades and professional groups are organized under 501 (c)6 tax code.
– If the government employee is speaking at an association event, attendance in that instance is permitted, because a speaking engagement is not considered a gift.
The association community is also upset about the proposal, and some have referred to it as “a call to arms” for the business community. ASAE has requested a meeting with OGE acting director and general counsel Dawn Fox to express concerns and gain clarity on the issue.
OGE is accepting comments through Nov. 14.
Tags: changes to government employees code of ethics, LDA, lobbying rules, Office of Government Ethics
Posted in Government Relations Alert, Lobbying News | Comments Off on Office of Government Ethics Unveils New Proposals for Government Employees
Thursday, May 19th, 2011 by Vbhotla
There has been sharp concern voiced over provisions a new executive order which proposes all government contractors should disclose their political contributions. If enacted, the order would require officers and directors and subsidiaries and affiliates of a company bidding for government contracts to submit a report detailing any contributions made directly to candidates or third party independent expenditure groups using the funds for electioneering activities.
These new provisions have been likened to “pay-to-play” laws on the state level, though the Executive Order, unlike state laws, would not limit the number of contributions. Included would be a two year look-back, with donations for two years prior to the bid also subject to disclosure, which would be required if $5,000 or more was spent on political activities.
Critics say that the order would foster partisanship in contracting practices, damper First Amendment rights to participate in the political process, and add a tremendous burden on contractors.
It is important to note that the Executive Order would not require disclosure of contributions made by the spouses or children of the directors or officers whose own contributions would trigger reporting, nor would it include senior executives or other staff to report giving
Tags: DISCLOSE Act, Executive Order, LDA, lobbying disclosure
Posted in Lobbying News | Comments Off on ALERT: Executive Order Could Increase Disclosure Requirements
Wednesday, May 4th, 2011 by Brittany
 HLOGA did not change the manner in which lobbyists disclose the issues and matters for which they are retained to lobby. According to the LDA Guidance, for these purposes a lobbyist must disclose:
- The issues on which the lobbying activities will be focused, using the issue codes established by the House and Senate
- A brief description of the legislation, policy, or other information about the lobbying issue
- Where the lobbying activities will be focused: House of Representatives, Senate, or a particular federal agency or office
- The identity of each lobbyist employee engaged in the lobbying activities described above
It is not sufficient to just list a bill number as the description of the lobbying issue area. The instructions for preparation of the LD-1 provide:
SPECIFIC LOBBYING ISSUES: Identify the client’s specific issues that have been addressed (as of the date of the registration) or are likely to be addressed in lobbying activities. Include, for example, specific bills before Congress or specific executive branch actions.
BE SPECIFIC, but brief. Bill numbers alone do not satisfy the requirements for reporting on this line and restatement of the general issue code is insufficient. Use the following format to describe legislation: Bill number, bill title, and description of the specific section(s) of interest, i.e.:
“H.R. 3610, Department of Defense Appropriations Act of 1996, Title 2, all provisions relating to environmental restoration.”
For specific issues other than legislation, provide detailed descriptions of lobbying efforts. Do not leave line blank. No additional space is available, so please abbreviate and enter the information in paragraph format to maximize space.
For more information or to purchase the Lobbying Compliance Handbook click here.
Tags: guidelines, LDA, lobbying activities, reporting
Posted in Lobbying News | Comments Off on Spring Cleaning the LD-2: Reporting Issues
Wednesday, April 6th, 2011 by Brittany
 When Congress enacted the LDA in 1995, it included a provision that lobbying expenses can NOT be deducted by for-profit companies and/or individuals as “ordinary and necessary business expenses,” as that term is defined in the tax code. Not-for-profit organizations must also track their lobbying expenditures and disclose such expenses on their Form 990 tax returns for purposes of generating information related to the “proxy tax.” Because of the tax issues related to tracking and reporting lobbying expenditures, the Internal Revenue Code (“IRC”) has promulgated regulations and issued numerous pamphlets and circulars explaining the IRC definitions and interpretations of the tax code provisions related to lobbying expenditures.
The LDA allows companies, associations and nonprofit organizations to keep one set of books and records, rather than two. Therefore, each entity reporting lobbying expenditures (not income) is permitted to choose whether to track its lobbying activities and, hence, its expenditures in accordance with the IRC or the LDA. HLOGA made no changes to this aspect of the LDA.
The option of using the IRC definitions is not available to lobbying consultants, lobbying firms or individual lobbyists, because those individuals and entities report income under the LDA rather than expenditures.
The LD-2 reporting form directs a filer reporting its lobbying expenditures to indicate which method it is using to calculate its lobbying activities and costs:
- Method A – The LDA definitions
- Method B vigrx plus price – Section 6033(b)(8) of the IRC – charitable organizations making the 501(h) election for lobbying activities
- Method C – Section 162(e) of the IRC – for profit entities, trade associations, labor unions and other not-for-profit entities
Key Points to Remember in Choosing a Reporting Method
There are several important principles to bear in mind regarding the choice of the IRC (rather than the LDA) method.
- Whatever method is chosen, it must be used for all reports during the same calendar year.
- Regardless of whether Method B or C is the chosen reporting method, the tracking and definitional issues are identical.
It is not permissible for a registrant making the IRC election for calculating its lobbying expenditures to change reporting methods during a reporting (calendar) year. Once the election is made regarding the definition for calculating and tracking lobbying expenditures for LDA reporting purposes, the election should be reflected on the first quarterly report filed in April and followed for the remainder of the calendar year.
- Whatever method is chosen, it must be used consistently for all purposes.
The definitions of the method chosen must be used for all purposes related to LDA reporting. In other words, it is NOT permissible for a registrant to mix-and-match definitions from the IRC and the LDA when tracking, calculating and reporting lobbying expenditures.
For more information or to purchase the Lobbying Compliance Handbook click here.
Tags: IRC, IRS, LDA, lobbying expenditures, taxes
Posted in Lobbying News | Comments Off on IRS Definitions of Lobbying
Thursday, November 18th, 2010 by Vbhotla
The changing environment of campaign finance regulations means lots of fun for lobbyists trying to do their job effectively. Actually, what it really means is a pain in the rear. Luckily, we here at LobbyBlog are combing through the laws on your behalf. If you are a lobbyist, you need to know the basic rules about bundling contributions.
Who is covered by the bundling rule?
A: Any lobbyist registered under the LDA and any PAC that is “established or controlled” by a lobbyist so registered is subject to the bundling restrictions.
What qualifies as “bundling”?
Contributions that are either “forwarded” — delivered or transmitted, either electronically or physically– or “received and credited” — received directly from a contributor, but credited to a specific lobbyist–are treated as “bundled.” It is worth noting that some campaigns now forbid lobbyists from “forwarding” any contributions because reporting these bundled funds has become too much of a hassle.
What is reportable?
Aggregate contributions of $16,000 or more during a single reporting period meet the trigger for report. However, all reporting committees must file semi-annually as well as quarterly to ensure that any contributions of $16,000 in aggregate funds is disclosed to the FEC, even if the contributions are not made in the same quarter.
Tags: Bundling, campaign contribution limits, FEC, LDA, lobbyist campaign contributions
Posted in Campaign Finance, Compliance Q&A | Comments Off on Bundles of FUNds Compliance Q&A
Thursday, October 28th, 2010 by Vbhotla
Q: What is the Foreign Agents Registration Act (FARA), and what are the differences in registration and reporting between FARA and the Lobbying Disclosure Act (LDA)?
A: The Foreign Agents Registration Act of 1938 (as amended) requires any lobbyist who represents a foreign government, elected official or political party as a foreign agent to file his financial information and published materials with the Department of Justice. This only applies to foreign public officials; lobbyists representing foreign private companies register under the LDA. See the full text of the law, forms, and other disclosure requirements at Justice.gov.
On registration and reporting:
- The Act requires every agent of a foreign principal, not otherwise exempt, to register with the Department of Justice and file forms outlining its agreements with, income from, and expenditures on behalf of the foreign principal. These forms are public records and must be supplemented every six months.
- The Act also requires that informational materials (formerly propaganda) be labeled with a conspicuous statement that the information is disseminated by the agents on behalf of the foreign principal. The agent must provide copies of such materials to the Attorney General.
- Any agent testifying before a committee of Congress must furnish the committee with a copy of his most recent registration statement.
- The agent must keep records of all his activities and permit the Attorney General to inspect them.
According to guidance issued by the House Ethics Committee, the technical amendments to the LDA made in 1998 reflected a determination that the Foreign Agents Registration Act (FARA) standards are appropriate for lobbying on behalf of foreign governments and political parties, but that LDA disclosure standards should apply to other foreign lobbying. An agent of a foreign commercial entity is exempt under FARA if the agent has engaged in lobbying activities and registers under the LDA. An agent of a foreign commercial entity not required to register under the LDA (such as those not meeting the de minimis registration thresholds) may voluntarily register under the LDA.
Information for today’s post is from the Department of Justice, with further information condensed from the Lobbying Compliance Handbook, now with an all-new chapter on Campaign Finance for Lobbyists.
Have a question for Compliance Q &A? Send your questions to web@lobbyists.info.
Tags: FARA, FARA registration, LDA, lobbyists for foreign governments
Posted in Compliance Q&A | Comments Off on Compliance Q and A: LDA vs. FARA
Wednesday, October 27th, 2010 by Vbhotla
Don’t forget to turn in any comments that you have to the Senate Office of Public Records or the Office of the Clerk of the House regarding the LDA filing process.
The Secretary and the Clerk review their LDA Guidance semi-annually.
According to their latest guidance, published in June 2010:
“Any questions, comments and suggestions should be directed to the Senate Office of Public Records and the House Legislative Resource Center in sufficient time for evaluation before the next semiannual reporting cycle (by November 5, 2010).”
Read the latest guidance (June 2010), here at the House’s Lobbying Disclosure site.
Tags: compliance, LDA, LDA comments, LDA guidance
Posted in Filing Reminders | Comments Off on Reminder: Comments on LDA Process Due Soon
Friday, October 22nd, 2010 by Brittany
K Street Compliance for 2011
Disclosure compliance, filing, gift and ethics rules, and campaign finance
November 16, 2010 · 2:00 p.m.-3:30 p.m. EST
After the midterm elections are over, Congress will take fresh aim at ethics. Lobbyists are fair game and “I didn’t know” won’t keep you out of the headlines – or exempt you from the stiff penalties associated with HLOGA, LDA and FARA.
If you aren’t sure what those acronyms stand for, you’re a sitting duck for ethics investigations and compliance violations. Even if you do know the basics of lobbying laws, you’re still at risk unless you’re absolutely certain you’re meeting deadlines, reporting, and recordkeeping requirements.
Why risk fines, penalties and negative PR? Here’s your “primer” on the basics you must know to follow the rules in the complex world of government relations.
Register now for Lobbying: The Basics of K Street Compliance for 2011.
Tags: FARA, HLOGA, jill holtzman vogel, K Street, LDA, Lobbying, lobbying law, lobbyists
Posted in Training & Events | Comments Off on New Audioconference: Need to know lobbying laws for 2011
Wednesday, October 20th, 2010 by Vbhotla
 Don't forget to file today! Finish compiling your paperwork and submitting it to the House Clerk and Secretary of the Senate – entities registered to lobby must file their LD-2 forms with the Clerk of the House and Secretary of the Senate TODAY, October 20.
These reports cover the 3rd Quarter of 2010, from July 1 – September 30, 2010.
Find forms and instructions here at the Clerk of the House’s website.
Tags: compliance, filing, LD-1, LD-2, LDA
Posted in Filing Reminders | Comments Off on Filing Alert: LDA Forms Due TODAY
Wednesday, October 13th, 2010 by Vbhotla
Filing time! You have one week to finish compiling your paperwork and submitting it to the House Clerk and Secretary of the Senate.
That’s right, it’s that time of the year again – 3rd Quarter 2010 LDA reports are due to the Clerk and Secretary by October 20, 2010.
Read more about filing, and find forms and instructions here at the Clerk of the House’s website.
Now’s a good time to review what you need to file.
Tags: compliance, filing, LD-1, LD-2, LDA
Posted in Filing Reminders | Comments Off on Filing Alert: LDA Forms Due Oct. 20
Monday, August 9th, 2010 by Vbhotla
Legislation has passed the House revising the Lobbying Disclosure Act of 1995 to establish further enforcement measures in order to “investigate and prosecute” underdisclosure or failure to disclose by entities lobbying the federal government.
The bill, H.R. 5751, originally titled “The Fee on Lobbyists Act,” was amended and passed as titled the “Lobbying Disclosure Enhancement Act.” Sponsored by Rep. Mary Jo Kilroy (D-Ohio), the legislation passed the House by voice vote on Wednesday, July 28. Referred to the Senate, it is now awaiting action in the Senate Judiciary Committee. With both houses of the Congress on August recess, the bill will likely not see action in the immediate future.
The bill as now amended is significantly different than the original legislation. It does three things:
1. Establishes an “Enforcement Task Force” for purposes of “investigating and prosecuting” cases referred under the LDA to the DOJ.
2. Replaces the U.S. Attorney for the District of Columbia with the Attorney General for purposes of referral and enforcement.
3. Inserts the language “Section 6(b)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605(b)(1)) is amended by striking `by case’ and all that follows through `public record’ and inserting `by case and name of the individual lobbyists or lobbying firms involved, any sentences imposed’.”
The original language about fee structures and increased enforcement, including a proposed $50 fee per LDA filing and fee structure for failure to disclose, is not in the final legislation.
View our reporting on the original bill here at Lobby Blog. View the text of the bill here at THOMAS.
Tags: LDA, LDA amendments, lobbying legislation, Mary Jo Kilroy
Posted in Government Relations Alert | Comments Off on Lobbying Disclosure Act Amendment Passes House
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Reminder: Comments on LDA Process Due Soon
Wednesday, October 27th, 2010 by VbhotlaDon’t forget to turn in any comments that you have to the Senate Office of Public Records or the Office of the Clerk of the House regarding the LDA filing process.
The Secretary and the Clerk review their LDA Guidance semi-annually.
According to their latest guidance, published in June 2010:
Read the latest guidance (June 2010), here at the House’s Lobbying Disclosure site.
Tags: compliance, LDA, LDA comments, LDA guidance
Posted in Filing Reminders | Comments Off on Reminder: Comments on LDA Process Due Soon