Under the Lobbying Disclosure Act, as amended, if one is representing the interests of a foreign government or a foreign political party, such agent must continue to register under the Foreign Agents Registration Act, but then need not register under the Lobbying Disclosure Act.
However, persons representing private foreign entities, and who lobby in the United States, should register under the Lobbying Disclosure Act rather than the Foreign Agents Registration Act. Under amendments adopted in , the registrations and supplemental statements from foreign agents under FARA will now be available on-line in a searchable, sortable, and downloadable format. The Foreign Agents Registration Act, as amended by the Lobbying Disclosure Act of , and its amendments, provides that "agents of a foreign principal" 37 must file a registration statement not with the Clerk of the House or the Secretary of the Senate, but with the Attorney General listing detailed financial and business information, 38 must file and label all informational materials, 39 and keep detailed books and records open to inspection by public officials.
The types of activities on behalf of a "foreign principal" that would subject an "agent" to coverage under the act include "political activities"; acting as a "public relations counsel," publicity agent or political consultant; collecting or disbursing contributions for the foreign principal; and representing the interests of the foreign principal "before any agency or official of the Government of the United States.
The term "political activities" means any activity that the person engaging in believes will, or that the person intends to, in any way influence any agency or official of the Government of the United States or any section of the public within the United States with reference to formulating, adopting, or changing the domestic or foreign policies of the United States There are several exemptions to the registration and record-keeping requirements of the Foreign Agents Registration Act, including exemptions for the official activities of diplomats and consular officers and the activities of certain officials of foreign governments; exemptions for persons engaging only in "private and nonpolitical activities in furtherance of bona fide trade or commerce" for such foreign principal; and an exemption for certain legal representation of foreign principals by attorneys in judicial or on-the-record, formal agency proceedings.
A contingency fee arrangement for "lobbying" activities before Congress is one in which the payment for such activities is contingent upon the success of the lobbying efforts to influence the legislative process by having legislation adopted or defeated in the United States Congress. There is no statute under federal law which expressly addresses the issue of contingency fees with respect to all lobbying activities before the Congress.
Contingency fees may be expressly barred, however, under certain circumstances. There is in federal law, for example, an express prohibition against contingency fee arrangements with respect to seeking certain contracts with the agencies of the federal government. Contingency fees are also prohibited for lobbying the Congress by persons who must register as agents of foreign principals under the Foreign Agents Registration Act.
The prohibition is upon agreements where the amount of payment "is contingent in whole or in part upon the success of any political activities carried on by such agent.
Although there is no general federal law expressly barring all contingency fees for successful lobbying before Congress, there is a long history of judicial precedent and traditional judicial opinion which indicates that such contingency fee arrangements, when in reference to "lobbying" and the use of influence before a legislature on general legislation, are void from their origin ab initio for public policy reasons, and therefore would be denied enforcement in the courts.
While the tradition and practice have been for the courts to look disfavorably upon contingency fee arrangements for successfully influencing public officials in performing discretionary actions, it should be noted that in some instances contingency fee contracts based on the success of legislation have been upheld and enforced in a few courts when the duties contracted for were professional services that did not involve traditional, statutorily defined "lobbying" or the use of personal influence before the legislature, 52 or where the client had a legitimate claim or legal right to be asserted in a matter before the legislature e.
As noted in the instructions of the Clerk of the House and Secretary of the Senate, if contingency fees are permitted and used in a lobbying agreement with respect to lobbying before the Congress, the making of such a contract for a contingent fee "triggers a registration requirement at inception.
There are general restrictions under federal law and regulations against the use of federal funds for lobbying activities. Federal criminal law states a general prohibition against the use of funds appropriated by Congress for the purposes of certain "lobbying" activities and publicity campaigns directed at influencing Congress or state or local legislatures on pending legislation.
Under the guidelines of provisions known as the "Byrd Amendment," as amended by the Lobbying Disclosure Act of , federal grantees, contractors, recipients of federal loans or those with cooperative agreements with the federal government, are also prohibited by law from using federal monies to "lobby" the Congress, federal agencies or their employees with respect to the awarding of federal contracts, the making of any grants or loans, the entering into cooperative agreements, or the extension, modification or renewal of these types of awards.
Section 18 of the Lobbying Disclosure Act of places statutory restrictions upon the lobbying activities of certain non-profit organizations which are tax-exempt under section c 4 of the Internal Revenue Code. This provision, which is commonly called the "Simpson Amendment," prohibits section c 4 social welfare organizations from engaging in any "lobbying activities," even with their own private funds, if the organization receives any federal grant, loan, or award.
It may also be noted that while c 4 s which receive certain federal funds may not engage in "lobbying activities," the term "lobbying activities" as used in that prohibition is expressly defined in that law to include only direct "lobbying contacts and efforts in support of such contacts," such as preparation, planning, research and other background work intended for use in such contacts.
There are various "post-employment" or "revolving door" conflict of interest restrictions upon certain officers and employees of the federal government which may work to restrict their lobbying of the Congress, or of executive branch agencies or personnel, on particular matters or for a certain period of time after such officials leave office.
In addition to the "switching sides" restrictions which apply generally to all former executive branch employees representing private parties before officers and employees of the executive branch in matters on which the employee had worked or had authority over while with the government, 63 there are certain so-called "cooling off" or "no contact" periods which may apply to any matter before one's former agency, department or branch of government, regardless of whether or not one had worked on it while with the government.
As to those restrictions relevant to lobbying the Congress, the statute prohibits former Members of the House from making representations, that is, appearances or communications with intent to influence, on any matter before any Member, officer, or employee of the entire legislative branch of government for one year after the Member leaves office.
In the House of Representatives, the staff of a Member, if compensated above a particular rate, may not "lobby" that Member or his or her staff for one year after leaving employment, and covered staff of committees may not lobby any Members or staff of that committee for one year after leaving employment.
Congress immediately after their government employment. In addition to the "cooling off" periods that apply to a broad range of matters, for former government officials, including Members of Congress, there are restrictions specifically applicable to foreign trade, treaties, or foreign governmental representations.
Under such restrictions, no federal employee or official, including a Member or employee of Congress, who has participated in trade or treaty negotiations on behalf of the United States and had access to certain non-public information may, for one year after leaving office, represent, aid, or advise any other person with respect to such ongoing trade or treaty negotiations. In addition to statutory laws applicable to lobbyists and lobbying, there are internal congressional rules in both the House and the Senate which establish and provide ethical guidelines and standards of conduct for Members, officers and employees of those bodies.
In the past, ethical guidelines and professional standards for lobbyists expressed by voluntary organizations of professional lobbyists had contained references to complying with the requirements of congressional ethical standards.
The guidelines adopted by the American League of Lobbyists, for example, provide in part that "A lobbyist should not cause a public official to violate any law, regulation or rule applicable to such public official. Registrants under LDA are now required by law to provide a certification in writing that the person or organization filing i "has read and is familiar with" the rules of the House and Senate regarding gifts and travel, and ii has not provided, requested or directed that a gift or travel be offered to a Member or employee of Congress "with knowledge that the receipt of the gift would violate" the respective House or Senate rule on gifts and travel.
The House and the Senate both adopted internal congressional rules within the legislation which require that all staff employed by a Member of Congress whether personal, committee, or leadership staff forgo having any "lobbying contact" with that Member's spouse if the spouse is a registered lobbyist under the Lobbying Disclosure Act of , as amended, or is employed or retained by a registered lobbyist to influence legislation.
The Senate Rule also has a broader restriction affecting the spouse of a Senator if that spouse is a registered lobbyist or is employed or retained by a registered lobbyist.
The Senate Rules also prohibit the staff of any Senator, including staff in personal, committee, and leadership offices, from having a lobbying contact with someone who is the spouse of any other Senator, if such spouse is a registered lobbyist or is employed or retained by a registered lobbyist.
In the case of such an exception, the spouse could lobby other Members and their staffs, but would still be restricted from lobbying his or her spouse's staff.
The House and Senate rules on the receipt of gifts from outside, private sources serve, in effect, as both an implementation and exceptions to the statutory gift provisions enacted into law in , as part of the Ethics Reform Act of , which generally prohibits federal officials from soliciting or receiving gifts from any person doing business with or seeking action from one's agency, or who is affected by the performance of one's official duties.
Members, officers and employees of the House and the Senate have since been under restrictive rules on gifts and travel reimbursements somewhat similar to the current rules put in place in This discussion of the House and Senate ethics rules is intended only as a summary and overview of the gift restrictions. For specific fact situations, and details on the prohibitions, reference should be made to the actual language of the applicable House or Senate rule, and to interpretations of the House Committee on Standards of Official Conduct or the Senate Select Committee on Ethics.
The general, or "default" rule in the House and the Senate is that no gifts may be accepted by Members and staff from outside, private sources unless specifically permitted by the rules of the respective body. The limitations and prohibitions in these rules apply not only to gifts given directly to the Member, officer, or employee of the House or Senate, but also gifts to a family member of the Member, officer, or employee, if the gift is given "with the knowledge and acquiescence" of the Member, officer, or employee, and if the Member, officer, or employee "has reason to believe the gift was given because of" his or her official position.
While gifts from all private sources are generally covered by the prohibitions and restrictions of the House and Senate gift rules, the congressional rule provisions may apply to gifts from lobbyists on an even more restrictive basis. Certain exceptions to the general prohibitions might allow Members and staff to receive particular kinds of gifts from the general public, but will not exempt such gifts if they are from registered lobbyists, from agents of foreign principals registered under the Foreign Agents Registration Act, or from their clients.
Additionally, while a lobbyist or foreign agent may be a "relative" or a "personal friend" of a Member, officer and employee, and may thus fit within one of those two exceptions to the gift ban, the "personal hospitality" of a lobbyist or a foreign agent is not separately exempt from the rules prohibitions, and thus Members and employees may not accept meals or lodging in the home of a lobbyist solely under the "personal hospitality" exemption.
Members and staff of the House and Senate are expressly prohibited from receiving anything from lobbyists and agents of foreign principals for an entity or organization that is "maintained or controlled" by a Member, officer, or employee; 87 are prohibited from directing or designating charitable contributions from a lobbyist or foreign agent other than a contribution in lieu of an honorarium if properly reported within 30 days ; 88 and may not accept a financial contribution or expenditure from a lobbyist or foreign agent for a conference or retreat, or the like, sponsored by or affiliated with an official congressional organization for or on behalf of Members, officers or employees.
Regarding the provision of travel expenses, or reimbursement for such expenses to Members, officers and employees of Congress, the general exception which allows, in certain limited circumstances and under particular guidelines, Members and staff to participate in "officially connected" travel activities, conferences, fact-findings, and symposia paid for by outside, private sources, will not apply and the receipt of such expenses or reimbursements will be prohibited if a registered lobbyist, a foreign agent, or a client of such lobbyist or foreign agent pays for such travel, or where a lobbyist is involved in the planning of or participation in the event.
This, and the other exceptions to the general prohibition on receiving gifts from outside, private sources, are discussed in more detail following:. For example, certain items of "nominal value" or with "little intrinsic value," such as greeting cards, baseball caps and T-shirts, are also expressly exempt from the gifts limitation, and there is no limitation of this exception for gifts of nominal value or little intrinsic value from a lobbyist, foreign agent, or client.
One of the major categories of exemption from the strict gifts prohibitions are gifts from one's relatives, and gifts from personal friends. The House and Senate gift bans, seeking not to unduly interfere with normal family and personal relationships, allow the receipt and exchange of gifts from and between family members and from a broadly defined category of "relatives.
Similarly, Members, officers and employees may continue to exchange gifts with or receive gifts from personal friends. A meal provided to a Member, officer, or employee is considered a "gift" to that Member, officer, or employee, and may not be accepted unless it meets other specific exceptions. It should be noted also that under both the House and Senate rules, refreshments and food of "nominal value," when not part of a meal, are also expressly exempt from the gifts restriction and may be accepted without violation of the gift rules.
In addition to the exceptions for gifts from "relatives" and gifts made on the basis of "personal friendship," the House and Senate gift rules also exempt from the gift prohibitions certain gifts of "personal hospitality" provided by an individual who is not a registered lobbyist nor an agent of a foreign principal.
Members, officers or employees are expressly permitted, as an exception to the gift rules, to accept an offer of free attendance at a "widely attended" gathering, such as a "convention, conference, symposium, forum, panel discussion, dinner, viewing, reception, or similar event," when the free attendance is offered by the sponsor of the event, and when the Member, officer, or employee is either to "participate" in the event or, if the Member, officer, or employee is not participating, when the event is deemed "appropriate to the performance of the official duties" or the representative function of the Member, officer, or employee attending.
The acceptance of entertainment or food collateral to the event, or not taken in a group setting, is not permitted as part of the exception, and would be considered a "gift" coming within the gift limitations and prohibitions, unless otherwise exempt. Members, officers, or employees have traditionally been allowed to participate in charitable events, including charitable fund-raisers. Under current House and Senate rules, Members, officers, and employees may continue to accept for themselves and a spouse or dependent "free attendance" at charitable events provided by the sponsor of the event, including the waiver of entrance or other such fees, and the provision of meals, food, and entertainment provided as an integral part of the event to all attendees.
Members, officers, and employees of the House and Senate may, under certain conditions and restrictions, continue to accept from other than lobbyists, agents of a foreign principal, or their private clients reimbursement or payment for "necessary transportation, lodging and related expenses for travel" for such things as fact-finding trips, meetings, speeches, conferences or similar events which are "in connection with the duties of the Member, officer or employee as an officeholder.
The general rule in the House and in the Senate is that expenses or reimbursements for "officially connected" travel may not be accepted from a lobbyist, an agent of a foreign principal, or from a private client of a lobbyist or foreign agent that is, a private organization retaining one or more lobbyists or foreign agents.
Certification and Pre-Approval. Under the restrictions adopted in , all Members and employees of the House or Senate, before accepting any payments or reimbursements from private sources for "officially connected" travel, must now provide sponsor certifications to, and receive advance approval from, the appropriate ethics committee House Committee on Standards of Official Conduct or the Senate Select Committee on Ethics ; and Members, officers and employees, after the completion of such travel, must provide a detailed disclosure of the expenses reimbursed and the events in which they participated.
There are two exceptions made to the congressional rules restrictions on sponsorship of or payment for officially connected travel by certain organizations. These two exceptions are relevant to an organization or group which would otherwise be prohibited from paying for or sponsoring such travel because the group employs or retains one or more persons who lobby on behalf of that organization. Educational House or Charitable Senate Groups. Groups or organizations that employ a lobbyist or foreign agent may provide sponsorship or payment of officially connected travel if, in the House, the group is an accredited "institution of higher education," or, in the Senate, the group is in the broader category of a c 3 charitable, educational or scientific organization approved by the Senate Select Committee on Ethics.
One-Day Events. There is a second exception to the sponsor limitation, and that is for one-day officially connected events. Expenses for such events may be provided by any group or organization, even one that retains a lobbyist or foreign agent. The permission to accept "necessary" travel expenses for events "in connection with the duties of a Member, officer or employee as an officeholder" permits Members and staff to accept "reasonable expenses" for such travel.
As described in congressional rules, such expenses would generally cover items such as "transportation, lodging, conference fees and materials, and food and refreshments.
Regulations and guidelines have been adopted in the House, and will be forthcoming in the Senate, as to what transportation, lodging, food and miscellaneous expenses are deemed "reasonable" in connection with permissible "officially connected" travel.
Why Is Lobbying Legal? Lobbying Disclosure Act of Participatory Democracy. Lobbying Affects Everyone. Why is Lobbying Important? Lobbying Access. Power in Numbers. Educational Function of Lobbying.
The Bottom Line. Key Takeaways Lobbying is performed by individuals or groups to pressure governments into policy actions. Lobbying is supported as a part of participatory democracy. Lobbying is important for a productive government.
Lobbying is legally protected and is not the same as bribery. Lobbying helps governments sort out the citizens' competing interests. Article Sources. Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy.
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Merely naming the main sponsor s of the legislation for purposes of identifying the legislation will not constitute encouraging the recipient to take action. Legislation: Action by the United States Congress, any state legislature, any local council, or similar legislative body, or by the public in a referendum, ballot initiative, constitutional amendment, or similar procedure.
It does not include actions by administrative bodies, such as school boards, housing authorities, zoning boards, or similar bodies. The Internal Revenue Service has recognized several narrow but useful lobbying exceptions for: Non-partisan legislative analysis, study or research which is purely educational in nature; available to the public, governmental bodies, officials, and employees; and does not advocate expressly or implicitly the adoption or rejection of legislation.
Note that non-partisan analysis, study, or research may advocate a particular position or viewpoint as long as there is a sufficiently full and fair exposition of the pertinent facts to enable the public or an individual to form an independent opinion or conclusion. However, non-partisan analysis may be deemed to be lobbying if it is later used to influence specific legislation.
Communications in response to an official request for technical advice or assistance , such as requested testimony before a legislative committee. The Internal Revenue Service has provided several examples to illustrate the boundaries or what qualifies as lobbying and therefore must be reported as noted above. An officer of Duke writes to a Member of Congress urging him or her to vote against an amendment that will be offered during the debate on a bill.
Ethics Rule 5. The following individuals shall not be considered lobbyists: a an individual appearing before the Governor or a meeting of a legislative body who receives no compensation for his or her appearance other than reimbursement from the state for expenses and who engages in no further lobbying; b a federal official acting in his or her official capacity; c any person exercising his or her constitutional right to petition the government who receives no compensation or anything of value for lobbying.
The term includes: 1 direct or indirect communication; 2 office expenses; and 3 providing any gift, hospitality, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal. The term includes an attorney at law while engaged in lobbying. Unable to locate any relevant statute defining "lobbyist" or "lobbying.
Lobbyist is a person who seeks the introduction of legislation or to promote, oppose, or influence in any manner the passage by the legislature of any legislation affecting the special interests of any agency, individual, association or business, as distinct from those of the whole people of the state, or to act in any manner as a lobbyist in connection with any such legislation.
However, the contractor or vendor, or employee of the contractor or vendor, shall be deemed to be a lobbyist, if actively engaged in selling or marketing to an official in the executive branch or an official in the legislative branch whose duty it is to vote for, let out, overlook, or in any manner to superintend any work or any contract so marketed or sold.
Gov't Code Ann. Does not apply to a member of the judicial, legislative, or executive branch of state government or an officer or employee of a political subdivision of the state.
Also does not apply to quasi-governmental agencies, subject to exceptions. Utah Code Ann. Influencing or attempting to influence executive or legislative action through oral or written communication with an executive or legislative official; or 2. Solicitation of others to influence an executive or legislative official.
Requests for appointments, information on the status of pending executive and legislative actions, or other ministerial contacts if there is no attempt to influence executive or legislative actions; 2. Responses to published notices soliciting public comment submitted to the public official designated in the notice to receive the responses; 3.
The solicitation of an association by its members to influence legislative or executive action; or 4. Communications between an association and its members and communications between a principal and its lobbyists.
An individual who is employed and receives payments, or who contracts for economic consideration, including reimbursement for reasonable travel and living expenses, for the purpose of lobbying; 2. An individual who represents an organization, association, or other group for the purpose of lobbying; or 3. A local government employee who lobbies. Some exceptions apply to lobbyist registration requirements, located at Va. If an individual's duties on behalf of a principal are not limited exclusively to lobbying, the individual is a lobbyist only if he or she makes lobbying communications on each of at least 5 days within a reporting period.
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