The Lobbying Manual: A Complete Guide to Federal Law Governing Lawyers and Lobbyists

Front Cover
American Bar Association, 2005 - Law - 577 pages
Providing readers with a detailed map for compliance with all applicable laws, this reference describes the dramatic changes brought about by the Lobbying Disclosure Act of 1995, and the considerable changes that have occurred since the last edition was published in 1998.
 

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Contents

Federal Lobbying Regulation History Through 1954
5
12 Background on Federal Regulation of Lobbying
6
122 Proposed Federal Regulation 19131946
7
13 Federal Regulation of Lobbying Act 1946
9
131 Statute and Early Experience Under It
11
133 Supreme Courts Decision in United States v Harriss 1954
12
134 Subsequent PostHarriss Developments and Enforcement
14
History of Lobbying Reform Proposals Since 1955 and Enactment of the Lobbying Disclosure Act of 1995
21
1642 Scope of Exemption
297
167 Certification
298
169 Experience Under the Act
299
Public Utility Holding Company Lobbying
305
172 Reporting Requirement
306
Lobbying by Executive Branch Officials
309
183 Appropriations Limitations on Executive Lobbying
312
184 Amendments to the AntiLobbying Act
313

22 81st Congress
22
24 86th90th Congress
23
27 95th Congress
24
28 96th Congress
25
210 102d Congress
26
212 104th CongressEnactment of the Lobbying Disclosure Act of 199573
27
213 104th105th CongressesTechnical Amendments to the LDA
28
214 Post1998 Proposals to Amend the LDA
29
The Lobbying Disclosure Act of 1995 Scope of Coverage WILLIAM V LUNEBURG and AL LORRY SPITZER
33
31 Introduction
34
3111 A Note on the Legislative History of the LDA
35
3112 Interpretative Guidance Issued by the Secretary of the Senate and the Clerk of the House
36
In General
37
331 LobbyistsEither SelfEmployed or the Employee of Another Person or Entity34
39
3312 Pro Bono and Other Unpaid Lobbying Efforts
42
34 Definition of Client
43
In General
44
3512 Grassroots Lobbying
45
352 Lobbying Contact or Lobbying Activity?
47
353 Definition of Covered Executive Branch Official
48
354 Definition of Covered Legislative Branch Official
49
355 Excepted Communications to Covered Officials
51
36 Definition of Lobbying Activities
62
37 Monetary Thresholds for Registration
64
371 Estimation of Satisfaction of Monetary Thresholds for Registration
67
372 CPI Adjustment of Income and Expense Thresholds
68
Overview of the Section 15 Election
69
3811 Rules for Taxable Businesses and Trade Associations As noted the first category of organizations employing inhouse lobbyists having special p...
70
3812 Rules for Electing Public Charities
72
Definitional Substitution
74
Checklist for Determining the Need to Register Under the LDA
75
Registration Reporting and Related Requirements WILLIAM V LUNEBURG and A L LORRY SPITZER
89
Some Basic Issues 421 The Triggering Event and 45Day Period
90
422 Where to Register and the Option of Electronic Filing
92
43 Who Is the Registrant?
93
44 Termination of Registration
94
Form LD1 LinebyLine Instructions
96
Form LD2 461 Where When and How to File and Scope of Coverage of Initial and Termination Reports
104
4621 Content of Semiannual Report
106
4622 Update to Form LD1
117
47 A Concluding Comment on the Disclosures Required by the LDA
119
48 Optional Reporting Approach Based on Tax System Available to Certain Entities
120
Lobbying Disclosure Act Administration and Miscellaneous Matters WILLIAM V LUNEBURG
135
53 Enforcement
137
54 Identification of Clients and Covered Officials
139
55 Ineligibility for Federal Awards Grants or Loans
140
Constitutional Issues Raised by the 1995 Lobbying Disclosure Act ELIZABETH GARRETT RONALD M LEVIN and THEODORE RUGER
143
622 Overall Validity of the LDA
147
623 The LDA as Applied to Vulnerable Croups
150
63 Establishment Clause Issues
152
64 SeparationofPowers Issues
155
Introduction to Part II
165
AntitrustThe Federal Trade Commission and the Department of Justice BY CHRISTINE L VAUGHN
167
72 Threshold Requirements
168
73 Law Enforcement Exception
169
732 History of Exception
170
7323 Proposed Report Language
171
733 Scope of Law Enforcement Exception
172
7333 Contacts with Agency in Charge of Proceeding
173
75 Excepted Communications as Lobbying Activities
174
Lobbying at the EPA Under the Lobbying Disclosure Act of 1995 RICHARD E AYRES
177
82 When Will Contacts with EPA Be Considered Lobbying Contacts?
178
821 Oral or Written Communications with the Agency
179
823 Made on Behalf of a Client
180
824 With Regard to Certain Actions of the Executive Branch of the Federal Government
181
825 The ExceptionsCommunications That Are Not Lobbying Contacts
182
826 Alternative Ways to Calculate Registration and Reporting Obligations
185
833 Permits and Registration
187
Communications with Federal Financial Regulatory Agencies Under the Lobbying Disclosure Act
195
91 Introduction
196
93 Key Issues for Lobbying Federal Financial Regulatory Agencies
198
with Federal Financial Agencies
199
932 Is the Communication a Lobbying Contact?
200
9322 Exceptions to the Definition of Lobbying Contact
203
933 Lobbying Activities
207
94 Examples
208
941 Applications Under Federal Banking Laws
209
9412 The Application Stage
210
9413 The Postfiling Stage
211
9414 Agency Consideration and Action
212
9422 Formal Inquiries
213
9432 PostExamination Contacts and Informal Enforcement Action
214
944 Communications with the SEC on Behalf of Regulated Entities and Issuers
215
9442 Compliance Work
216
95 Conclusion
217
Part III Other Federal Laws That Relate to Lobbying
223
Internal Revenue Code Limitations on Deductibility of Lobbying Expenses by Businesses and Trade Associations
227
102 History
228
1021 Legislative History
229
1024 Conference Committee
230
104 Regulations Implementing Revised Section 162e
232
105 Membership OrganizationsTrade Associations
234
106 Grassroots Lobbying
235
107 Goodwill Advertising
237
Internal Revenue Code Limitations on Lobbying by TaxExempt Organizations TIMOTHY W JENKINS and A L LORRY SPITZER
243
1121 General Rule
244
113 Other TaxExempt Organizations
247
Foreign Agents Registration Act
251
122 Persons Subject to Registration
252
12221 Political Activities
253
12222 Public Relations Counsel Publicity Agent InformationService Employee Political Consultant
254
1231 Registration Under the LDA
255
1233 Commercial Activities
257
124 Registration and Reporting Requirements
258
125 Dissemination of Informational Materials
259
126 Conclusion
260
ADDENDUM
263
The Byrd Amendment THOMAS MSUSMAN
265
132 Background of the Byrd Amendment
266
134 OMB Rules for All Federal Agencies
268
135 Modification by the Lobbying Disclosure Act of 1995
269
136 Questions Regarding the Prohibition on Appropriated Funds
270
1362 Bid Protests and Contract Dispute Costs
271
1364 Distinguishing Liaison from Influence
272
137 Questions Regarding Disclosure Requirements
273
1372 Reasonable Compensation Not Reportable
274
139 Incomplete Coverage
275
Federal Acquisition Regulation Governing Lobbying
279
142 Lobbying Costs Expressly Prohibited for Reimbursement
280
143 Exceptions to Reimbursement Prohibitions
281
144 Executive Branch Lobbying Costs
282
Office of Management and Budget Regulations Governing Lobbying Costs Incurred by Nonprofit Organizations
285
152 Prohibitions Under OMB Circulars
286
153 Allowed Exceptions
287
154 Required CostAccounting Procedures
288
Antitrust Consent Decree Tunney Act Lobbying
291
162 Background of Reporting Requirement
292
163 Communications Covered
293
1632 Communications With Officers or Employees of the United States
294
164 Exemption for Counsel of Record
296
185 Conclusion
314
Special Considerations for Lobbying by Nonprofit Corporations DAVID C VLADECK
319
191 Background
320
192 The IRC and the Lobbying Disclosure Act
321
Elect If Possible
322
1933 The Downsides of Election
323
194 What Is Lobbying Under the IRC?
324
19411 Direct Lobbying
325
19412 Grassroots Lobbying
326
194122 Measures That Do Not Amount to a Call for Action
327
194212 The Distribution Test
328
19422 Examinations of Broad Social Economic or Similar Problems
329
1951 Membership Communications
330
1953 Paid Mass Media Advertisements
331
19541 Primary Purpose Safe Harbor
332
196 The Lobbying Disclosure Act of 1995
333
19612 Lobbying Firms
334
1963 What Are Lobbying Activities?
335
1965 Reporting Requirements
336
Contingent Fee Lobbying
341
202 Statutory Prohibitions
342
2022 Foreign Agents Registration Act
344
2024 Congressional Recognition That There Is No General Ban
345
2031 The Cases
346
2032 Evolution of Lobbying and the Case Law
349
204 Supreme Courts First Amendment Jurisprudence
350
205 Are Contingent Fee Lobbying Contracts Ethical?
351
Federal Campaign Finance Law A Primer for the Lobbyist
361
211 Introduction
362
2121 Basic FederalContribution Limits and Prohibitions 27277 Individuals
363
21212 Corporations and Unions
364
2122 Nonfederal Political Campaign Contributions
365
212213 Contributions to State PACs
366
212214 Section 527 Groups
367
2123 Contributions in the Name of Another
369
2127 Earmarking or Bundling
370
212811 Use of Corporate or Union Facilities by Employees Stockholders Members and Officials
371
or Facilities for Federal Campaign Fundraising
372
to Produce Campaign Materials
373
2131 Independent Spending 21311 Corporations and Unions108 213111 Communications Express Advocacy and Electioneering Communications109
374
2131111 Exception for Communications to the Restricted Class
375
2131112 Exception for Qualified Nonprofit Corporations
377
2131113 Exception for Corporate and Union Federal PACs
378
21312 Individuals and Federal PACs
379
2132 Coordinated Communications
380
21321 Corporate and Union Communications Directed to Their Restricted Class
381
214 Corporate and Union Federal PACs
383
2141 Establishing a Corporate or Union PAC
384
2143 Solicitation of Contributions to Corporate and Union PACs
385
2144 Recordkeeping and Reporting
386
Standards of Conduct
401
Congressional Ethics GiftsTraveland Income Limits
405
221 Introduction
406
223 Gifts
409
House
410
2233 Gifts to Family Members
411
22342 Personal Hospitality
413
22344 Widely Attended and Chanty Events
414
22345 Food of Nominal Value
415
22347 Opportunities Open to the Public
416
2234 1O Items of Little Value Plaques and Commemoratives
417
223411 Miscellaneous Other Exceptions
418
223412 Waivers
419
224 Travel
420
2243 Who May Accompany
421
2246 Other Privately Funded Travel
422
22511 Disclosure
423
2252 Other Outside Income Restrictions
424
22521 PostEmployment Restrictions163
426
22522 GovernmentWide Restrictions
427
22524 House Income Restrictions
428
Restrictions on Gifts and Compensation for Executive Branch Employees
433
233 Gift Restrictions
435
234 Limitations on Honoraria and Other Outside Income
440
236 Proper Application of the Rules
441
PostEmployment Restrictions and the Regulation of Lobbying by Former Employees
445
241 Introduction
446
2421 Restrictions on Employees Personally and Substantially Involved in Particular Matters Involving Specific Parties
447
2422 Restrictions on Employees Officially Responsible for Particular Matters Involving Specific Parties
450
2423 Restrictions Regarding the Use of Confidential Information in Trade and Treaty Negotiations
451
2424 Restrictions on Senior Personnel
452
2425 Restrictions on Very Senior Personnel
453
2428 Administrative Enforcement
455
2429 Ethical Restrictions Applicable to Lawyers
456
2432 PostEmployment Restrictions Imposed by Agency Regulations
459
2441 Restrictions on Members of Congress and on Elected Officers of Congress
460
2443 Restrictions on HigherPaid Committee Staff
461
2445 Restrictions on HigherPaid Employees of Other Legislative Offices
462
2447 Restrictions Regarding the Use of Confidential Information in Trade and Treaty Negotiations
463
Criminal Prosecution of Lobbyists for Offering Gratuities to Legislators
469
252 The Federal Gratuity Statute
470
2521 Public Official
471
2524 Campaign Contributions
473
253 Conclusion
474
The Lawyer and the Congressional Investigation
477
2621 Applicability to Committee Investigations
478
Contempt Proceedings Resulting from a Claim of Privilege
479
2623 Privileges Unavailable Where the Lawyer Is Considered a Lobbyist
481
263 Conclusion
482
The Ethical Responsibilities of a LawyerLobbyist
487
271 Introduction
488
2721 The Model Rules of Professional Conduct
489
27231 The Concept of LawRelated Services
490
27233 Jurisdictions That Have Not Adopted Model Rule 57
491
2724 Covered By the Rules But Not By the AttorneyClient Privilege or WorkProduct Protection
492
27243 The Existence of the Privilege Is FactBased
493
273 Rules for the LawyerLobbyist
495
2732 Delegation of Decision Making Between the Lawyer and Client
496
2733 Evaluating the Morality of a Particular Engagement
497
2735 Protecting Client Confidences
498
2736 Conflicts of Interest
499
27362 Clients with Directly Conflicting Interests
501
2736211 Defining The Matter Under the DC Bar Rules
502
273622 Consentable Conflicts
503
273623 Positional or Issues Conflicts
504
273631 Responsibilities to Another Client
505
273632 Responsibilities to Other Lawyers
506
273633 Responsibilities to Third Persons
507
273634 Responsibilities to the Lawyers Own Interests
508
Duties to Former Clients
509
2736352 When Does a Client Become a Former Client?
510
27365 The Lawyers Responsibilities When a Conflict Arises
511
2738 Responsibilities to and for Your Colleagues
514
274 Conclusion
515
LOBBYING DISCLOSURE ACT OF 1995 as amended
521
GUIDE TO THE LOBBYING DISCLOSURE ACT LOBBYING REGISTRATION GUIDELINES
535
Table of Cases
559
Index
567
Copyright

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