The public has until June 21 to comment on a proposed rule allowing federal employees to accept gifts of certain legal costs.

The proposed rule would create new federal regulations governing a federal employee’s acceptance of payments for legal expenses or pro bono legal services for matters arising in connection with the employee’s official position, the employee’s prior position on a campaign of a candidate for president or vice-president, or the employee’s prior position on a Presidential Transition Team.

The U.S. Office of Government Ethics (OGE) wants to make related amendments governing the solicitation and acceptance of gifts from outside sources and establish limits of the amount of the value of the donations.

They are proposing a contribution limit of $10,000 per year from any single permissible donor to a legal expense fund. The fund would be required to be formed as a trust for employees to receive contributions and to make distributions of legal expense payments. Lobbyists would be prohibited from acting as trustees administering an employee’s legal expense fund.

Additionally, federal employees would be prohibited from accepting pro bono services from lobbyists, foreign governments or agents, or persons substantially affected by the performance or nonperformance of the employees’ duties.

According to the OGE, there are currently no statutory or regulatory frameworks in the executive branch for establishing a legal expense fund. The proposed rule was published on April 21 in the Federal Register.

“Going forward,” the Federal Election Commission (FEC) will require disclosure requirements for contributions received from limited liability companies (LLCs) be applied to independent expenditure-only political committees (i.e., Super PACs) in the same manner in which they are applied to all other political committees.

On April 15, four of the six commissioners issued a “Statement of Reasons” for their conclusion of a closeout of a complaint. In the statement, which refers to Matters Under Review (MUR) 7454, Chairman Allen Dickerson, Vice Chair Steven T. Walther, Commissioner Shana M. Broussard, and Commissioner Ellen L. Weintraub assert, “contributions from LLCs to committees must be attributed pursuant to Commission regulations, and those regulations apply to all committees, including [Super PACs]. The Commission will apply that understanding going forward, and may seek civil penalties in appropriate future cases.”

In MUR 7454, the Super PAC in question had not obtained the required attribution information for two contributions made by LLCs. The Super PAC attributed the contributions only to the LLCs. Regulations require committees to report certain attribution information for contributions from LLCs.

An LLC that has a single natural-person member and is not taxed as a corporation must be attributed only to the natural person member, and not the LLC. A contribution by an LLC that is disregarded for tax purposes and does not have a single natural-person member is treated as a partnership contribution; and, a partnership contribution must be attributed to both the partnership and each partner, either in proportion to his or her share of the partnership profits or by agreement among the partners.

In prior cases premised on similar facts, the FEC could not agree whether, following the Citizens United and SpeechNow.org v. FEC court decisions, LLC reporting rules and conduit contribution rules applied to contributions made to the newly formed Super PACs authorized by those judicial rulings. The commissioners determined that “with the passage of time, [Super PACs] have become a regular part of the campaign finance landscape, and…there is no longer a lack of clarity concerning the application of LLC reporting rules and conduit contribution rules in these circumstances.”

Because the FEC has not previously made this conclusion under similar cases, they did not seek a civil penalty against the Super PAC.

The U.S. Government Accountability Office (GAO) released its audit of federal lobbying compliance for 2021.

For the audit, the GAO reviewed a random sample of 98 quarterly disclosure reports filed for the third and fourth quarters of calendar year 2020 and the first and second quarters of calendar year 2021. They also reviewed random samples of 160 LD-203 reports for the year-end 2020 and midyear 2021 reports.

Among its findings, the GAO concluded 97  percent of filers of lobbying disclosure reports were able to provide documentation to support reported income and expenses, 7 percent of LD-203 reports were missing reportable contributions, and 92 percent of lobbyists who filed new registrations also filed LD-2 reports as required for the quarter in which they first registered.

The audit estimates at least 35 percent of all lobbying disclosure reports did not properly disclose formerly held covered positions.

The 57-page report, released on April 1, is titled “2021 Lobbying Disclosure: Observations on Lobbyists’ Compliance with Disclosure Requirements.“

On April 1, 2022, Elections Canada published the updated limits on expenses for regulated activities of third parties involved in federal elections in Canada. The Canada Elections Act imposes a limit on expenses a third party can incur for regulated political activities.

For the period of April 1, 2022, to March 31, 2023, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $543,200 during a general election. The previous limit was $525,700.

For the same period of April 1, 2022, to March 31, 2023, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,656 during a general election. The previous limit was $4,506.

Adjustments are made annually based on a formula of a base amount multiplied by the inflation adjustment factor in effect for the period.

Today is the last day for all federal agencies to have ensured they have incorporated a $15 minimum wage in any of their new contract solicitations.

On April 27, 2021, President Joseph R. Biden had signed an executive order requiring federal contractors to pay $15 per hour for employees working on or in connection with a federal government contract. On November 22, 2021, Secretary of Labor Martin J. Walsh announced the final rule implementing the president’s order. In turn, on March 30, 2022, all federal agencies need to implement the minimum wage into new contracts.

Federal agencies are also directed to implement the higher wage into existing contracts when the parties exercise their option to extend such contracts. Contractors and subcontractors must certify they will meet this condition requiring the minimum wage. This certification is a condition of payment to the contractors from the government. The order applies, with certain exceptions, to any new contract; new contract-like instrument; new solicitation; extension or renewal of an existing contract or contract-like instrument; or exercise of an option on an existing contract or contract-like instrument.

This order does not apply to grants; contracts, contract-like instruments, or certain specific type of agreements with Indian Tribes.

Starting January 1, 2023, the minimum wage will be adjusted annually, but not lowered, by the U.S. secretary of labor based on a consumer price index formula and rounded to the nearest multiple of $0.05. For tipped workers, the minimum wage mandated by the order is $10.50 per hour beginning January 30, 2022. Beginning January 1, 2023, tipped workers must receive 85% of the wage rate in effect for non-tipped employees, rounded to the nearest multiple of $0.05.

Then beginning January 1, 2024, and for each subsequent year, tipped workers must receive 100% of the wage received by non-tipped worker, eliminating the difference between the type of workers. Adjustments must be considered by employers of tipped workers who do not receive a sufficient additional amount on account of tips to equal to the minimum wage of non-tipped workers. If a state or municipality has a higher minimum wage, the Executive Order does not excuse noncompliance with the laws requiring the higher wage.

On March 21, Broadcasting Arbitrator Monica Song was reappointed to her position in charge of allocating broadcasting time among registered parties.

Ms. Song, who has served in the post since being originally appointed in 2020, is also a public law lawyer and partner with Dentons Canada LLP.

Besides allocating broadcasting time, a Broadcasting Arbitrator, which is a position mandated by the Canada Elections Act, has other duties. Responsibilities of this unique role mandated by the Canada Elections Act include issuing guidelines concerning the obligations of broadcasters during general elections and arbitrating disputes between political parties and broadcasters.

Song’s reappointment was made by the Chief Electoral Officer of Canada, Stéphane Perrault, according to the Elections Canada press release.

On March 10, the Federal Election Commission (FEC) approved revisions to Form 1, the Statement of Organization for political committees, as well as to the instructions for the form and an Explanation and Justification for the revisions.

On January 13, the FEC had decided to revise its PAC registration form to explicitly include designations for superPACs and Hybrid Committees, instructing the agency’s staff to expand Form 1 (Statement of Organization). SuperPACs, which are technically independent expenditure-only political committees, and Hybrid Committees, which in turn are committees with separate non-contribution accounts, are currently required to file separate letters along with Form 1 to receive those designations.

The revised form takes effect 10 legislative days after the Form 1 Revisions package is received by Congress, unless Congress objects to the revisions.

On April 11, a provincial byelection will be held in the electoral division of Marie-Victorin for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Catherine Fournier, who resigned in November of last year after becoming elected the mayor of Longueuil.

The election was announced by Premier François Legault on March 8.

On February 25, President Joe Biden nominated Judge Ketanji Brown Jackson to Serve as Associate Justice of the U.S. Supreme Court.

Jackson will replace U.S. Supreme Court Justice Stephen G. Breyer, who is retiring from the bench upon confirmation of his replacement. Breyer, at 83, is currently the oldest member of the Court, serving since 1994 when he was appointed by President Bill Clinton.

Jackson, who was once a clerk for Justice Breyer, is currently on the U.S. Court of Appeals for the D.C. Circuit. She has previously served as a federal district court judge, a member of the U.S. Sentencing Commission, an attorney in private practice, and as a federal public defender.

On February 18, a Special Legislative Meeting of the Council of the District of Columbia will be held.

Chairman Phil Mendelson is calling the 13 councilmembers to come together under Council Rule 303(b) to consider legislation concerning COVID-19 vaccine mandates in the District, specifically the Public Health Protections Emergency Declaration Resolution of 2022 and the Public Health Protections Emergency Amendment Act of 2022. Nine votes are required to pass the emergency legislation. Additionally, the legislation cannot have costs associated with it.

This announcement came in part in reaction to Mayor Muriel Bowser lifting the requirement that District businesses check the vaccine status of patrons, according to WTOP News.

On March 15, a by-election will be held to elect a member to the Legislative Assembly of Alberta for the electoral division of Fort McMurray-Lac La Biche.

After a six-month wait, and on the last possible day authorized by law, Alberta Chief Electoral Officer Glen Resler confirmed a writ was issued on February 15 to administer the election. MLA Laila Goodridge resigned in August 2021, to run for federal office. On September 20, 2021, she was elected as a Member of the Parliament in the House of Commons for Fort McMurray—Cold Lake.

Candidate nominations are now open and will end on February 25, 2022.

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2022 from $19,300 to $20,200. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2022.

On January 30, the process began for federal agencies to begin incorporating a $15 minimum wage in new contract solicitations. By March 30, 2022, all agencies will need to implement the minimum wage into new contracts. Federal agencies are also directed to implement the higher wage into existing contracts when the parties exercise their option to extend such contracts.

On April 27, 2021, President Joseph R. Biden had signed an executive order requiring federal contractors to pay $15 per hour for employees working on or in connection with a federal government contract. The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration issued an interim rule order on January 26, 2022, amending the Federal Acquisition Regulations to implement the executive order. Contractors and subcontractors for all federal agencies must certify they meet the conditions requiring the minimum wage. This certification is a condition of payment to the contractors from the government. The order applies, with certain exceptions, to any new contract; new contract-like instrument; new solicitation; extension or renewal of an existing contract or contract-like instrument; or exercise of an option on an existing contract or contract-like instrument. This order does not apply to grants; contracts, contract-like instruments, or certain specific type of agreements with Indian Tribes.

Starting January 1, 2023, the minimum wage will be adjusted annually, but not lowered, by the U.S. secretary of labor based on a consumer price index formula and rounded to the nearest multiple of $0.05. For tipped workers, the minimum wage mandated by the order is $10.50 per hour beginning January 30, 2022. Beginning January 1, 2023, tipped workers must receive 85% of the wage rate in effect for non-tipped employees, rounded to the nearest multiple of $0.05. Then beginning January 1, 2024, and for each subsequent year, tipped workers must receive 100% of the wage received by non-tipped worker, eliminating the difference between the type of workers. Adjustments must be considered by employers of tipped workers who do not receive a sufficient additional amount on account of tips to equal to the minimum wage of non-tipped workers. If a state or municipality has a higher minimum wage, the Executive Order does not excuse noncompliance with the laws requiring the higher wage.

U.S. Supreme Court Justice Stephen G. Breyer is retiring from the bench, according to the New York Times.

The announcement is expected to formally be announced tomorrow, January 27, by President Joe Biden.

Breyer, at 83, is currently the oldest member of the Court, serving since 1994 when he was appointed by President Bill Clinton.