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A Guide to the Lobbying Disclosure Act

A Guide to the Lobbying Disclosure Act
The Lobbying Disclosure Act (LDA) requires that all lobbyists and their clients be registered and report their lobbying activities. This guide to the law provides information about registering and reporting under the LDA, including registration thresholds, the definition of a lobbying client, the definition of a lobbyist, affiliates, and other important topics.

The minimum registration threshold under the LDA is $5,000. However, this amount is subject to a reasonable interpretation. A registrant may be required to register and report even if the amount of money contributed to the registrant or its lobbyist exceeds this threshold. Examples of possible contributions include: a capital contribution to the registrant; a payment to the registrant for an employee's salary or office space; and a payment for professional services.

Ron Book described that the LDA requires that a registrant report all of its expenses incurred in connection with its lobbying activities, including any payments to retained lobby firms or outside entities. This does not apply to in-house lobbyists. Nevertheless, the Secretary and Clerk have consistently held that any organizations employing in-house lobbyists that also retain a lobbying firm have a separate obligation to report their costs of retaining a lobbying firm under the LDA.

The registrant of an outside contract lobbyist must include the name and address of the lobbyist on the registrant's registration (LD-1). This is a statutory requirement that cannot be avoided unless the individual agrees to a nondisclosure agreement with the registrant. If the registrant agrees to a nondisclosure, the registrant must indicate that agreement on the registration and quarterly activity reports.

Any payments to a registered lobbyist or any other registrant must be reported on the quarterly activity report (LD-2). For example, if a registrant pays to an outside contract lobbyist the cost of a table at a dinner event, this is a contribution to the lobbyist and should be reported.

Contingent fees paid to a registrant must be included on the quarterly activity report (LD-2) for the period of time that the registrant has a right to pay this fee. This type of fee, like other fee arrangements, triggers a registration requirement at inception.

Any expenses that a registrant incurs in connection with its lobbying activities must be reported on the quarterly activity reports (LD-2). These can include: travel, meals, hotel rooms, and lodging for congressional staff.

A registrant should consult the appropriate laws and regulations for the specific facts of its particular situation. This will often require the registrant to seek legal counsel.
A Guide to the Lobbying Disclosure Act
Published:

A Guide to the Lobbying Disclosure Act

Published:

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