Clerk of the House of Representatives
Legislative Resource Center
135 Cannon Building
Washington, DC 20515
http://lobbyingdisclosure.house.gov 		Secretary of the Senate
Office of Public Records
232 Hart Building
Washington, DC 20510
http://www.senate.gov/lobby
LOBBYING REPORT

Lobbying Disclosure Act of 1995 (Section 5) - All Filers Are Required to Complete This Page

1. Registrant Name Organization/Lobbying Firm Self Employed Individual
BNSF RAILWAY COMPANY

2. Address

Address1
500 NEW JERSEY AVENUE, NW
 Address2
​SUITE 550
City
WASHINGTON
 State
DC
 Zip Code
20001
 Country
USA

3. Principal place of business (if different than line 2)

City
​
State
​
Zip Code
​
Country
​
4a. Contact Name b. Telephone Number c. E-mail
​Mr.
​MICHAEL R. SMYTHERS
​2023478662
​Michael.Smythers@bnsf.com
5. Senate ID#
​7441-12
7. Client Name Self Check if client is a state or local government or instrumentality
​BNSF RAILWAY COMPANY
6. House ID#
​315830000
TYPE OF REPORT 8. Year
​2021
 Q1 (1/1 - 3/31) Q2 (4/1 - 6/30) Q3 (7/1 - 9/30) Q4 (10/1 - 12/31)

9. Check if this filing amends a previously filed version of this report

10. Check if this is a Termination Report Termination Date
​
11. No Lobbying Issue Activity
INCOME OR EXPENSES - YOU MUST complete either Line 12 or Line 13
12. Lobbying 13. Organizations
INCOME relating to lobbying activities for this reporting period was: EXPENSE relating to lobbying activities for this reporting period were:
Less than $5,000
Less than $5,000
$5,000 or more $
​
$5,000 or more $
​520,000.00
Provide a good faith estimate, rounded to the nearest $10,000, of all lobbying related income for the client (including all payments to the registrant by any other entity for lobbying activities on behalf of the client). 14. REPORTING Check box to indicate expense accounting method. See instructions for description of options.
Method A. Reporting amounts using LDA definitions only

Method B. Reporting amounts under section 6033(b)(8) of the Internal Revenue Code

Method C. Reporting amounts under section 162(e) of the Internal Revenue Code

Signature
Digitally Signed By: MICHAEL R. SMYTHERS
 Date
4/20/2021 9:41:04 PM

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code RRR

16. Specific lobbying issues

Issues pertaining to Passenger Rail.
Issues pertaining to Railroad Safety.
Issues pertaining to Permit Reform.
Issues pertaining to Regulatory Improvement.
Issues pertaining to preserving balanced economic regulation.
Issues pertaining to Positive Train Control.
Issues related to federal transportation-related nominations.
S.899 - Intercity Passenger Rail Trust Fund Act - all matters pertaining to the railroad
S.700 - A bill to establish a portal and database to receive and maintain information regarding blocked railroad-highway grade crossings and to require the Secretary of Transportation to evaluate the requirements of the railway-highway crossings program. - all matters pertaining to the railroad
S.955 - A bill to require the Federal Railroad Administration and the Federal Highway Administration to provide recommendations for reducing the number of very rural highway-rail grade crossing collisions, to authorize a public outreach and educational program to reduce such collisions, and to authorize grants to improve grade crossing safety. - all matters pertaining to the railroad
H.R. 158 - Rail Audit Transparency Act - all matters pertaining to the railroad
S.545 - REEF Act - all matters pertaining to the railroad
H.R.867 - High Speed Rail Corridor Development Act of 2021 - all matters pertaining to the railroad
H.R.1845 - amend chapter 261 of title 49, USC, to provide for high-speed rail corridor development, and for other purposes. - all matters pertaining to the railroad

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES, Transportation - Dept of (DOT), Federal Railroad Administration, Office of Management & Budget (OMB), Surface Transportation Board (STB)

18. Name of each individual who acted as a lobbyist in this issue area

First Name Last Name Suffix Covered Official Position (if applicable) New
Michael
Smythers
Jr.
​
Justin
Wormmeester
​
​
Gael
Sullivan
​
​

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code BUD

16. Specific lobbying issues

Issues related to transportation appropriations.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

First Name Last Name Suffix Covered Official Position (if applicable) New
Michael
Smythers
Jr.
​
Justin
Wormmeester
​
​
Gael
Sullivan
​
​

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TRA

16. Specific lobbying issues

Issues pertaining to transportation infrastructure-related grant programs.
Issues pertaining to the transportation of energy commodities.
Issues pertaining to federal truck size and weight limits.
Issues pertaining to surface transportation funding.
Issues pertaining to transportation automation.
Issues pertaining to right of way and unmanned aircraft systems.
H.R.1812 - To amend titles 23 and 49, United States Code, to streamline the environmental review process for major projects, and for other purposes. - all matters pertaining to the railroad.

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES, Transportation - Dept of (DOT), Federal Aviation Administration (FAA)

18. Name of each individual who acted as a lobbyist in this issue area

First Name Last Name Suffix Covered Official Position (if applicable) New
Michael
Smythers
Jr.
​
Justin
Wormmeester
​
​
Gael
Sullivan
​
​

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code ENV

16. Specific lobbying issues

Issues pertaining to coal transportation
Issues pertaining to regulatory improvement.
Issues pertaining to permit reform and Clean Water Act.

17. House(s) of Congress and Federal agencies Check if None

Environmental Protection Agency (EPA), U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

First Name Last Name Suffix Covered Official Position (if applicable) New
Michael
Smythers
​
​
Gael
Sullivan
​
​
Justin
Wormmeester
​
​

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code TRD

16. Specific lobbying issues

International trade agreement negotiations - issues related to U.S. economic impact and matters pertaining to the railroad

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

First Name Last Name Suffix Covered Official Position (if applicable) New
Michael
Smythers
​
​
Gael
Sullivan
​
​
Justin
Wormmeester
​
​

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

LOBBYING ACTIVITY. Select as many codes as necessary to reflect the general issue areas in which the registrant engaged in lobbying on behalf of the client during the reporting period. Using a separate page for each code, provide information as requested. Add additional page(s) as needed.

15. General issue area code LBR

16. Specific lobbying issues

H.R.1319 - American Rescue Plan - issues pertaining to unemployment and sickness benefits

17. House(s) of Congress and Federal agencies Check if None

U.S. SENATE, U.S. HOUSE OF REPRESENTATIVES

18. Name of each individual who acted as a lobbyist in this issue area

First Name Last Name Suffix Covered Official Position (if applicable) New
Michael
Smythers
​
​
Justin
Wormmeester
​
​
Gael
Sullivan
​
​

19. Interest of each foreign entity in the specific issues listed on line 16 above Check if None

​

Information Update Page - Complete ONLY where registration information has changed.

20. Client new address

Address
​
City
​
State
​
Zip Code
​
Country
​

21. Client new principal place of business (if different than line 20)

City
​
State
​
Zip Code
​
Country
​

22. New General description of client’s business or activities

​

LOBBYIST UPDATE

23. Name of each previously reported individual who is no longer expected to act as a lobbyist for the client

First Name
Last Name
Suffix
First Name
Last Name
Suffix
1
​
​
​
3
​
​
​
2
​
​
​
4
​
​
​

ISSUE UPDATE

24. General lobbying issue that no longer pertains

​
​
​
​
​
​
​
​
​

AFFILIATED ORGANIZATIONS

25. Add the following affiliated organization(s)

Internet Address:

Name Address Principal Place of Business
(city and state or country)
Street Address
City State/Province Zip Country
City
State Country

26. Name of each previously reported organization that is no longer affiliated with the registrant or client

1 2 3

FOREIGN ENTITIES

27. Add the following foreign entities:

Name Address Principal place of business
(city and state or country) 		Amount of contribution for lobbying activities Ownership percentage in client
Street Address
City State/Province Country
City
State Country
%

28. Name of each previously reported foreign entity that no longer owns, or controls, or is affiliated with the registrant, client or affiliated organization

1 3 5
2 4 6

CONVICTIONS DISCLOSURE

29. Have any of the lobbyists listed on this report been convicted in a Federal or State Court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering?

Lobbyist Name Description of Offense(s)