Chapter 12 - § 12.5 • FEDERAL LOBBYING REGISTRATION LAWS

• Jurisdiction: Colorado

§ 12.5 • FEDERAL LOBBYING REGISTRATION LAWS¹

The Lobbying Disclosure Act (LDA) of 1995, Pub. L. No. 104-65, 109 Stat. 691 (codified at 2 U.S.C. §§ 1601-1612), increased reporting by federal lobbyists and organizations that lobby, including nonprofit organizations. Technical corrections were made to the LDA through the Lobbying Disclosures Technical Amendments Act of 1998, Pub. L. No. 105-166, 11 Stat. 38. The LDA, as amended, significantly expanded the registration and disclosure requirements for those that seek to affect U.S. government policies or the implementation of federal programs. The LDA applies to lobbying activities aimed at federal legislators and federal executive branch officials. 2 U.S.C. §§ 1602(3), (4), and (15).

Charities and other nonprofit organizations are required to register and file periodic reports with the Secretary of the Senate and the Clerk of the House of Representatives if their total expenses connected to lobbying activities exceed or are expected to exceed $10,000. 2 U.S.C. § 1603(a)(3)(A). An organization must register within 45 days of hiring a lobbyist or within 45 days after the lobbyist first makes a lobbying contact, whichever is earlier. 2 U.S.C. § 1603(a)(1). A consultant hired by a nonprofit organization to conduct its lobbying activities is responsible for reporting payments received from the organization for the consultant's lobbying. Lobbyists who fail to timely register and report may be subject to a federal investigation and significant civil penalties, and criminal penalties may be imposed for violations that are "knowing[] and corrupt[]." 2 U.S.C. § 1606.

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