Georgetown University

Federal Lobbying Laws/IRS Regs Governing Political Activity

Washington, D.C., is a political town. Georgetown faculty, staff, and students are involved citizens may be engaged in politics, lobbying on issues of concern, and similar endeavors. Not surprisingly, however, there are a number of federal, state and local laws that regulate these activities – not only the activities of Georgetown, as an institution, but also of its faculty, staff and students.

As we enter into the fall and what may be an election season in which there is considerable interest, it’s a good time to take a few minutes to bring you up to date on new aspects of the federal lobbying laws that potentially impact individuals campus-wide and to remind you of Internal Revenue Service (IRS) rules governing political activities on campus.

There are several resources to which you can turn should you have questions. Georgetown University’s Office of Federal Relations (OFR) has responsibility for the filing of federal lobbying disclosure forms to both the Secretary of the Senate and the Clerk of the House. The Office of Tax and Asset Management has responsibility for ensuring compliance with IRS requirements. Both offices work closely with the Office of University Counsel on compliance issues.

Kathryn Baerwald, Office of University Counsel
John Kotwicki, Office of Tax and Asset Management
Scott S. Fleming, Office of Federal Relations

Federal Lobbying Laws

Lobby Disclosure Reports must now be filed quarterly, with the next reports covering July 1 to September 30, 2008, due on October 15. These reports are required to reflect all federal lobbying activity by faculty and staff and federal lobbying activity conducted by external lobbyists that relates to the University. In addition, we must calculate the proportion of Georgetown-paid memberships in organizations that lobby and reflect that in these reports. While OFR keeps records of the time of faculty and staff who are involved in lobbying in which OFR is also involved, to ensure that the Lobby Disclosure Reports are accurate, faculty and staff involved in lobbying the Congress or the Administration on University-related issues need to be in contact with Assistant Vice President for Federal Relations Scott Fleming (ssf2@georgetown.edu or 687-3455) not later than the 10th day of the last month of each calendar quarter, e.g., March 10, June 10, etc., so that those activities are appropriately reflected in the reports.

(Do keep in mind that the Office of Federal Relations is available as a resource to you when you have concerns regarding federal legislation relating to the University, but that this reporting requirement does not extend to contacts you may have had with Congressional offices or Administration officials on matters of personal interest to you and that are not in any way related to the University.)

For purposes of completing the IRS 990 report (prepared by the Office of Tax and Asset Management), similar information must be maintained and reported regarding state and/or local lobbying activities. The 990 is filed on an annual basis and contains information gathered from the quarterly Lobby Disclosure Reports, and both University employees and external lobbyists who engaged in state and /or local lobbying activities.

Congressional Gift Rules have also been strengthened to severely limit gifts given, and entertainment provided, to Members of Congress or their staffs. Since the University does have registered federal lobbyists, these restrictions extend to all University faculty and staff. To quote a document prepared by the law firm McKenna Long & Aldridge which has done extensive work in ethics compliance issues, "The Bottom Line: We advise our Congressional and other clients that a Member of Congress or staff person may NOT accept ANYTHING of value from ANYONE -- whether personal or official -- UNLESS acceptance is allowed under one of the exceptions." (McKenna, Long & Aldridge) The exceptions include:

• Personal Friendship Exemption, based on long-standing personal friendship that is reflected in a pattern of previous reciprocal gift giving, the history of the relationship, and a pattern of similar gifts to other friends. In no instance should a gift given under this exemption have been paid for by the University or written off as a business deduction. Furthermore, any gift even under this exemption over $250 must receive pre-clearance from the Senate Select Committee on Ethics or the House Committee on Standards of Official Conduct.
• Widely Attended Event Exemption, attended by at least 25 other individuals from throughout a given field or profession. This exemption would not apply, for the most part, to an event that includes only persons from the Georgetown University community.
• Charity Events, for 170(c)(3) organizations with invitations from the sponsoring organization.
• Educational Events, including university-sponsored lectures, seminars, or discussion groups, but excluding presentations by lobbyists.

Still permitted are "nominal food not part of a meal" (e.g. coffee, tea, bagels, pastries, "standing up foods" like light hors d'oeuvres), books and informational materials or special plaques or awards.

Please note, however, that beginning January 1, 2008, new disclosure rules apply to events in which a member of Congress is honored or provided special recognition. As with many new rules, there is still considerable discussion (and confusion) as to the applicability of the rules to specific situations. Nonetheless, disclosure reports are due on a semiannual basis (July 30 and January 30).

There are also rules limiting privately-funded travel, but a special rule exists for higher education institutions. If a circumstance were to arise where you might be contemplating covering travel costs for a Member of Congress or their staff, please be in touch in advance with OFR to determine if it is permissible.

Rules Governing Political Activities on College and University Campuses ...

The Internal Revenue Code prohibits the University from engaging directly or indirectly in any partisan political activity or supporting any such activity. “Partisan political activity” is, essentially, the support of or opposition to a candidate for public office at the federal, state or local level even if the candidate is not affiliated with a political party. To maintain adherence to this prohibition, the following guidelines govern the University faculty and staff (“employee” or “employees”) in their relation to political activities. However, nothing in these guidelines prohibits University faculty or staff from participating in political activity in their individual capacity separate from their relationship to the University. Furthermore, there is no restriction of the discussion or political issues or the teaching of political techniques, nor are academic endeavors which address public policy issues affected.

1. The name, the seal, logos and other depictions of the University or of any of its schools or other units may not be used on letters or other materials, in whatever media expressed, intended for support for a political campaign on behalf of or against any candidate for political office, political party, or political action committee, including the solicitation of funds for such purpose or activities. This includes a prohibition on use of University letterhead, envelopes, email accounts, telephone, voicemail and other communication systems.
2. No University employee may state orally or in writing that they are speaking for or on behalf of the University when expressing support for or against a candidate for public office.
3. No University office, and no employee’s office, may be used for political purposes, including as a return mailing address for the solicitation of funds for political campaigns on behalf of or against any candidate for public office or advocacy on behalf of or the solicitation of any endorsement of any candidate for public office, political party, or political action committee.
4. University funds, supplies, copiers, computers, telephones, fax machines, or other equipment or other supplies may not be used on behalf of or against any candidate for public office, political party, or political action committee.
5. No University funds may be used to support or oppose a political candidate, including the making of campaign contributions.
6. University facilities (meeting rooms, lecture halls, "event" space, etc.) in general may not be used on behalf of or against any candidate for public office, political party, or political action committee. If a University facility is regularly made available to non-University groups, however, such facilities may be made available for political campaign activities if (a) the facility is provided on the same terms and conditions governing the use for purposes other than political campaign activities, (b) the facility is made available on an equal basis to other candidates, and (c) prior approval is granted from the Office of University Counsel and Office of Federal Relations.
7. University web pages may not be used on behalf of or against any candidate for public office, political party or political action committee.
8. No employee of the University may perform tasks in any way related to a political campaign, public office, political party or political action committee in her/his capacity as a University employee or during working hours.

It is our intention to host a briefing and question and answer session very early in the fall semester to provide further detail about these matters. In the meantime, please don’t hesitate to be in touch with any of as questions arise.