Honest Leadership and Open Government Act: Resources
NEW: ACE Webinar on Lobbying Disclosure and
Federal Ethics Issues for Higher Education
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.
Obama Administration Efforts: President Obama issued
an executive order on Jan. 21, 2009, tightening the
ethics rules for "appointees" of the executive branch, including further
restrictions on gifts and interactions with registered lobbyists. The
Office of Government Ethics issued a guidance memorandum (PDF) on Feb. 11 providing
further clarification regarding the new Executive Order as it applies to
gifts.
On March 20, President Obama issued a memorandum (PDF) setting forth significant new
restrictions on the communications of registered lobbyists in regard to
the American Recovery
and Reinvestment Act of 2009. Federal agency officials are
prohibited from receiving private (by telephone or in person)
communications from registered lobbyists on specific Recovery Act
issues. Such communications must be submitted in writing by a registered
lobbyist. On April 7, Office of Management and Budget (OMB) Director
Peter Orszag issued a memorandum (PDF) providing interim guidance on the
application of the March 20th presidential directive.
ACE members and registered lobbyists of member institutions should
consult with this OMB guidance when pursuing Recovery Act funding.
ACE Resources
ACE's Oct. 15, 2009 Webinar on Lobbying Disclosure
and Federal Ethics Issues for Higher Education (slides ) & audio (MP3)
Guidance for Inviting Members of Congress and the
Administration to Campus for Award of Honorary Degrees and Other
Events
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
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
Congressional LDA Guidance (updated 06/9/09)
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.
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
Travel Forms
House Private Sponsor Travel Certification form (instructions)
Senate Private Sponsor Travel Certification form (checklist and glossary of terms)
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
Senate memo on Employment Negotiations and Arrangements for senators and senior staff.
*Compiled by C. Randall Nuckolls of McKenna Long & Aldridge
LLP
Updated Oct. 23, 2009
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