FEDERAL LOBBYING REPORT REQUIREMENTS & RESTRICTIONS 
FREQUENTLY ASKED QUESTIONS 
LD-2: DISCLOSURE OF LOBBYING EXPENSES 

The State University of New York 
September 2008 

(A) 
DEFINITION.-The term�"lobbying contact"�means any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official that is made on behalf of a client with regard to�

(i) 
the formulation, modification, or adoption of Federal legislation (including legislative proposals); 

(ii) 
the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; 




(iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license)*; or 
(iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate. 
Q: Who are �covered officials�? 
Legislative Branch: Members of Congress, staff members of Members of Congress, congressional committees or caucuses, and the congressional leadership, and certain other congressional staff. 
Executive Branch: The President and Vice President and their staffs, officials serving in Executive Level I 
through V positions (generally political appointees serving in jobs at the assistant secretary or deputy 
need to be reported as such. 
Faculty are not retained by SUNY to provide lobbying contacts, as provided in the Act�s definition of lobbyist. In addition, faculty contract and grant-seeking efforts are not directly supervised, directed, or controlled by the SUNY; thus, it is fair to say that faculty are not representing SUNY as an institution when they seek support for their own research. 

Q: Why does my campus need to file federal lobbying information with SUNY System Administration? 
All employee time spent in lobbying activities must be included in determining the organization's lobbying expenses, even if the employee does not meet the statutory definition of a�"lobbyist."�As campus faculty and staff are employees of the State University of New York, and individual campuses are not distinctly 

$5,000 or more, the organization must provide a good faith estimate of the actual dollar amount rounded to the nearest $10,000. 


Q: Don�t lobbying firms report expenses on their clients� behalf? 
Yes, but to ensure complete reporting, the Secretary and Clerk have consistently required that organizations report all of their expenses incurred in connection with lobbying activities, including all payments to retained lobby firms, without considering whether any particular payee has a separate obligation to register and report under the LDA. 
Logically, if an organization employing in-house lobbyists also retains a lobbying firm, the expense reported by the organization should be greater than the fees reported by the lobbying firm of which the organization is a client. 

Q: Where should questions be directed about who may qualify as a lobbyist? 
Individuals should contact the SUNY Washington, DC office which can help identify who qualifies as a SUNY lobbyist, and help to prepare the appropriate reporting forms under the Act.