LDA Basics

The Lobbying Disclosure Act requires lobbying firms and organizations employing in-house lobbyists to register when they meet income/expense minimums, have an employee who meets the definition of a lobbyist, and when they make more than one lobbying contact. All filings must be done electronically.

Lobbying firms are required to file a separate registration for each client. Organizations employing in-house lobbyists file a single registration.

Note: A lobbyist is not the registrant unless he/she is self-employed. In that case, the self-employed lobbyist is treated as a lobbying firm.

Form LD-1 is used for new lobbying registration and to register a new client. Form LD-2 is used for quarterly activilty reports (due 20 days after the close of the quarter), including amendments to quarterly reports, termination reports, and reporting no lobbying activity. Form LD-203 is used for the semiannual disclosure of certain contributions.

Registration Thresholds

• A lobbying firm whose total income for matters related to lobbying activities on behalf of a client does not exceed or is not expected to exceed $2,500 in the quarterly period during which the registration would be made is not required to be registered with respect to such client.

• An organization employing in-house lobbyists whose total expenses in connection with lobbying activities do not exceed and are not expected to exceed $10,000 in the quarterly period during which the registration would be made is not required to be registered.

Section 4(a)(3) further provides that the dollar amounts be adjusted every four years based upon changes in the Consumer Price Index. The last adjustment was made on January 1, 2005. The next adjustment will be made on January 1, 2009.

Definition of Lobbyist

A Lobbyist is any individual (1) who is either employed or retained by a client for financial or other compensation (2) whose services include more than one lobbying contact; and (3) whose lobbying activities constitute 20 percent or more of his or her services’ time on behalf of that client during any three-month period.

“Lobbying activities” are lobbying contacts and any efforts in support of such contacts, including preparation or planning activities, research and other background work that is intended, at the time of its preparation, for use in contacts and coordination with the lobbying activities of others. A “lobbying contact” is any oral, written or electronic communication to a covered official that is made on behalf of a client with regard to the enumerated subjects at 2 U.S.C. §1602(8)(A) (legislation, government programs, policy or positions, federal contracts or the nomination or confirmation of anyone to federal office). Note that certain contacts are exempt, such as congressional testimony and inquiries about government proceedings and actions.

Covered Legislative Branch officials are:

1. A Member of Congress
2. An elected Officer of either the House or the Senate
3. 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 serving in a position described under section 109(13) of the Ethics in Government Act of 1978.

1. The President
2. The Vice President
3. Officers and employees of the Executive Office of the President
4. Any official serving in an Executive Level I through V position
5. Any member of the uniformed services serving at grade 0 7 or above
6. Schedule C employees.

More Than One Lobbying Contact

“More than one lobbying contact” means more than one communication to a covered official. Note that an individual falls within the definition of “lobbyist” by making more than one lobbying contact over the course of services provided for a particular client (even if the second contact occurs in a later quarterly period).

When to File

The registration requirement is triggered at the earlier of the date a lobbyist is employed or retained to make one lobbying contact on behalf of a client, or the date a lobbyist in fact makes a second lobbying contact. In either case, registration is required within 45 days.

Source: United States Senate web site, U.S. House/Senate Lobbying Disclosure Act Guidance (revised July 16, 2008).

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