Maurice Aguirre - Washington DC - Clarification of Exception to Lobbying Contact
Section 3(8)(B)(ix) excepts from the definition of "lobbying contact" communications "required by subpoena, civil investigative demand, or otherwise compelled by statute, regulations, or other action of the Congress or an agency." The TAA clarifies that communications that are compelled by the action of a Federal agency would include communications that are required by a Federal agency contract, grant, loan, permit, or license.
Example: Contractor "A" has a contract to provide technical assistance to Agency "B" on an ongoing basis. Technical communications between Contractor "As" personnel and covered officials at Agency "B" would be required by the contract and therefore would not constitute "lobbying contacts."
Maurice Aguirre Lobbyist: Note, however, that this exception would not encompass an attempt by "A" to influence covered officials regarding either matters of policy, or an award of a new contract, since such communications would not be required by the existing contract.
The TAA also expands the definition of "public official" in Section 3(15)(f) to add a "group of governments acting together as an international organization." The purpose of the provision is to ensure those international organizations, such as the World Bank, would be treated in the same manner as the governments that comprise them (communications made by the expanded class of "public officials" acting officially would be exempt from the definition of "lobbying contact," and therefore exempt from potential registration and reporting requirements of the LDA).