Lobbying Disclosure Act
The Lobbying Disclosure Act, Public Law 104-65 imposes disclosure and registration requirements on lobbyists who contact covered legislative and executive branch officials. It also requires that a “covered executive branch official” who is contacted by a lobbyist disclose the fact that he or she is a covered executive branch official upon the request of the person making the lobbying contact. “Covered executive branch officials” are:
- The President
- The Vice President
- Any officer or employee, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President;
- Any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;
- Any member of the uniformed services whose pay grade is at or above O-7 under 37 U.S.C. 201; and
- Any individual serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in 5 U.S.C. 7511(b)(2)(B).
Generally, the Act applies to Presidential appointees requiring Senate confirmation (PAS) and Schedule C employees, but does not apply to members of the SES (unless they meet the criteria in C or D, above). If you have any questions about who is considered a lobbyist, how you should respond to contacts from lobbyists, and what your responsibilities are under the Act, you should contact your Deputy Designated Agency Ethics Official.
Federal Employees Seeking Non-Federal Employment
Pursuant to 18 USC 208, executive branch employees are prohibited from performing work in their Government jobs on matters that would affect the financial interest of someone with whom they are negotiating for employment. The Standards of Ethical Conduct for Executive Branch employees, 5 CFR 2635.601 et seq., have a similar rule that applies when an employee is "seeking employment," which begins as soon as a preliminary inquiry by the employee or to the employee occurs, e.g., the employee sends an unsolicited resume to a prospective employer, or an employee is asked if he might be interested in working for a certain company and he does not immediately decline interest. In addition, participation in some procurement matters can subject employees to additional notification and recusal requirements.