Re: New Federal Lobbying Registration Requirements and Deadline

Under the new Lobbying Disclosure Act (P.L. 104-65) many contractors will be required to register and to report certain contacts with Government officials. The new law applies to a "lobbying contact," not just with Congressional offices, but also with Executive branch officials. Unlike prior laws, it extends beyond persons (like professional lobbyists) retained for compensation, and includes employees. In some cases, the registration is due by February 14, 1996.

A "lobbying contact" under the new law includes oral, written or electronic communications concerning contract negotiation, award, and administration, as well as formulation or modification of legislation, regulation or a Government program. Also covered under the Act are efforts in support of lobbying contacts, such as preparation and planning activities, research and other background work for use in lobbying activities, and coordination with the lobbying activities of others. There are also various exceptions, such as written information provided to response to a specific Government request, etc.

Covered Federal officials include senior executive branch officials, military officers at pay grade O-7 and above, members of Congress or their staffs, or any Government employee in a sensitive or policy oriented position.

Registration forms are due, for new matters, within 45 days of the initial contact or the act of employing or retaining someone to make lobbying contracts. For the carry over of activities from 1995, however, the due date for registration is February 14, 1996. The Act also requires that registrants file a semi-annual report describing all lobbying activities. All filings under the Act are public records.

There are also some exceptions from registration. Individuals who spend less than 20 percent of their time engaged in lobbying activities need not register. A company that spends less than $20,000 on total lobbying activities during a six-month period also need not register. Also, a company is exempt from registration with respect to a particular client if the total income derived from that client for lobbying activities is less than $5,000 for a six month period.

The Act imposes a maximum fine of $50,000 for knowing violations of the registration and reporting requirements. The new statute replaced the Federal Regulation of Lobbying Act and substantially amended the Byrd Amendment.