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Honest Leadership and Open Government Act: Resources

NEW: image Congressional LDA Guidance (revised Dec. 23, 2009)

image House Memo: Simplified Process for Requesting Gift Rule Waivers for Gifts Anticipated Due to Special or Unusual Circumstances

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The Honest Leadership and Open Government Act of 2007 (PDF) made important changes in the requirements imposed on higher education institutions, both public and private, that interact with members of Congress and the executive branch.

All ACE members should review these new requirements to determine if your institution should register under the Lobbying Disclosure Act and make quarterly and semi-annual filings as required. Your institution should also ensure that administrators and faculty understand and comply with the new guidelines for providing gifts and travel to members of Congress and staff.

ACE Resources

image ACE's Oct. 15, 2009 Webinar on Lobbying Disclosure and Federal Ethics Issues for Higher Education (slides ) & audio (MP3)

image Guidance for Inviting Members of Congress and the Administration to Campus for Award of Honorary Degrees and Other Events

image What Do the New Rules on Lobbying Congress Signify for Colleges and Universities?

The New Lobbying and Ethics Rules: Are You in Compliance? (PPT; 1455 KB)

The following documents and web sites also will assist in your understanding of this new law and its requirements:*

Lobbying Registration and Disclosure
House and Senate Gift/Travel Rules
Executive Branch Lobbying Rules
Campaign Contributions
IRS Links for Section 501(c)(3) Organizations
Treasury Regulations
Post-Government Employment and Lobbying Restrictions

Lobbying Registration and Disclosure

Lobbying Disclosure Act (LDA) filing information for the House and Senate

image Congressional LDA Guidance (revised Dec. 23, 2009)

image Updated text of LDA with HLOGA changes

Finding historical copies of LD1s and LD2s

LDA Method B for reporting lobbying expenses (also available as a PDF): Available for certain 501(c)(3) organizations and private universities using Internal Revenue Code definitions of lobby and lobbying expenses.

image Q&A on the LD-203 & HLOGA Update (prepared by ASAE & McKenna Long)

House and Senate Gift/Travel Rules

House Ethics Committee

Senate Ethics Committee

image House Memo: Simplified Process for Requesting Gift Rule Waivers for Gifts Anticipated Due to Special or Unusual Circumstances

Travel Forms

image House Private Sponsor Travel Certification form (instructions)

image Senate Private Sponsor Travel Certification form (checklist and glossary of terms)

Executive Branch Lobbying Rules

Jan. 21, 2009 Executive Order tightening the ethics rules for "appointees" of the executive branch, including further restrictions on gifts and interactions with registered lobbyists

image Office of Government Ethics guidance memorandum (provides clarification regarding the above Executive Order as it applies to gifts)

image Memorandum setting forth significant new restrictions on the communications of registered lobbyists in regard to the American Recovery and Reinvestment Act of 2009

image Office of Management and Budget memorandum providing interim guidance on the application of the above presidential directive (ACE members and registered lobbyists of member institutions should consult with this OMB guidance when pursuing Recovery Act funding.)

image Congressional Research Service Report on Executive Branch Lobbying Rules

Campaign Contributions

Proposed Federal Election Commission rules for bundled contributions

IRS Links for Section 501(c)(3) Organizations

Internal Code Section 501(c)(3) ("Exemption from tax on corporations, certain trusts, etc.—List of exempt organizations") and 501(h)("Expenditures by public charities to influence legislation.")

Internal Code Section 4911 ("Tax on excess expenditures to influence legislation.")

Treasury Regulations

§1.501(c)(3)-1: Organizations organized and operated for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals.

§1.501(h)-1: Application to expenditures to influence legislation; introduction.

§1.501(h)-2: Electing the expenditure test.

§1.501(h)-3: Lobbying or grass roots expenditures normally in excess of ceiling amount.

Treasury Regulations Part 56: Public Charity Excise Taxes.

Section Contents

§ 56.4911-0: Outline of regulations under section 4911
§ 56.4911-1: Tax on excess lobbying expenditures
§ 56.4911-2: Lobbying expenditures, direct lobbying communications, and grass roots lobbying communications
§ 56.4911-3: Expenditures for direct and/or grass roots lobbying communications
§ 56.4911-4: Exempt purpose expenditures
§ 56.4911-5: Communications with members
§ 56.4911-6: Records of lobbying and grass roots expenditures
§ 56.4911-7: Affiliated group of organizations
§ 56.4911-8: Excess lobbying expenditures of affiliated group
§ 56.4911-9: Application of section 501(h) to affiliated groups of organizations
§ 56.4911-10: Members of a limited affiliated group of organizations

Post-Government Employment and Lobbying Restrictions

House
Senate

image Senate memo on Employment Negotiations and Arrangements for senators and senior staff.

*Compiled by C. Randall Nuckolls of McKenna Long & Aldridge LLP

 

Updated Jan. 5, 2010

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