The Lobbying Manual: A Complete Guide to Federal Law Governing Lawyers and LobbyistsAmerican Bar Association, 2005 - 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. |
From inside the book
Results 1-5 of 26
Page vi
... Antitrust The Federal Trade Commission and the Department of Justice 167 Ky P. Ewing , Jr. and Christine L. Vaughn 7-1 Introduction 167 7-2 Threshold Requirements 168 7-2.1 Client Requirement 168 7-2.2 Covered Official Requirement 168 7 ...
... Antitrust The Federal Trade Commission and the Department of Justice 167 Ky P. Ewing , Jr. and Christine L. Vaughn 7-1 Introduction 167 7-2 Threshold Requirements 168 7-2.1 Client Requirement 168 7-2.2 Covered Official Requirement 168 7 ...
Page x
... Antitrust Consent Decree ( Tunney Act ) Lobbying 291 Thomas M. Susman 16-1 Introduction 291 16-2 Background of Reporting Requirement 292 16-3 Communications Covered 293 16-3.1 Period of Covered Communications 293 16-3.2 Communications ...
... Antitrust Consent Decree ( Tunney Act ) Lobbying 291 Thomas M. Susman 16-1 Introduction 291 16-2 Background of Reporting Requirement 292 16-3 Communications Covered 293 16-3.1 Period of Covered Communications 293 16-3.2 Communications ...
Page 165
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 167
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 168
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
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 |
567 | |
Common terms and phrases
administrative agency antitrust apply Ariel Rios Building Attorney attorney-client privilege behalf bill Byrd Amendment client Code committee communications Cong congressional CONSOLIDATED GUIDANCE constitute contingent fee lobbying contributions corporation or union Court covered executive branch covered officials definition of lobbying disclosed election employee enforcement engaged in lobbying Ethics example exception executive branch officials exemption FARA federal candidate federal PAC filing foreign entity Form LD-1 funds gift grassroots lobbying H.R. REP House Rule XXV individual influence infra Appendix B-4 infra Chapter infra Section Internal Revenue Code issue lawyer LDA's limited Line 13 lobbying activities lobbying contacts Lobbying Disclosure Act lobbying expenditures lobbying expenses lobbying firm lobbyist Model Rule organization party political prohibition regarding regulations Restrictions Secretary and Clerk semiannual period semiannual report specific statute statutory Supp supra Chapter supra note threshold tion Tunney Act United United States Attorney