The Lobbying Manual A Complete Guide to Federal Lobbying Law and Practice 2011 Supplement

by Luneburg, William V.; Susman, Thomas M.; Gordon, Rebecca H.

Edition: 4th

ISBN13: 9781614380245

ISBN10: 1614380244

Format: Paperback

Pub. Date: 2012-12-16

Publisher(s): American Bar Association

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Summary

The Lobbying Manual, Fourth Edition provides the reader with a detailed map for compliance with all applicable laws. Complete with dozens of real-world examples, this book guides the attorney through the maze of federal laws and regulations that pertain to lobbying. This 2011 Supplement provides updates and new material including guidance to the Lobbying Disclosure Act issued by the Secretary of the Senate and the Clerk of the House of Representatives from June 2009 to June 2011; the various Obama Administration initiatives pertaining to registered lobbyists; the opinion of the U.S. Court of Appeals for the District of Columbia Circuit in National Association of Manufacturers v. Taylor; and a variety of other clarifications and important recent developments.

Chapter 21, on federal campaign finance, has been substantially rewritten and updated to reflect changes in the law, including the impact of the landmark 2010 Supreme Court decision in Citizens United v. Federal Election Commission. That chapter now also incorporates the material of Chapter 22 dealing with lobbyist bundling of campaign contributions, bringing together in one place all of the material pertaining to the federal law of bundling.

The book features several entirely new chapters: one on the Obama Ethics Pledge, another on "honest services" fraud, and two dealing with the practice of lobbying, including perspectives on the lobbying profession and the Noerr-Pennington doctrine. There is also an entirely new Part V with two chapters offering comparative perspectives on, respectively, the lobbying laws of Canada and those of the European Community and its members. These should be of significant interest to practitioners whose clients do business abroad.

Table of Contents

Chapter 3 UPDATE - The Lobbying Disclosure Act of 1995: Scope of Coverage
Chapter 4 UPDATE - Registration, Quarterly Reporting, and Related Requirements
Chapter 5 UPDATE - Semiannual Reports on Contributions and Disbursements by Registrants and Lobbyists
Chapter 6 UPDATE - Administration and Enforcement of the LDA and Miscellaneous Lobbying Restrictions
Chapter 7 UPDATE - Constitutional Issues Raised by the Lobbying Disclosure Act
Chapter 12 UPDATE - Foreign Agents Registration Act 27
Chapter 21 UPDATE - Federal Campaign Finance Law: A Primer for the Lobbyist
Chapter 25A - Restrictions on Appointees Imposed by Executive Order 13,490
Chapter 26A - Skilling and the Demise of the Crime of Honest Services Fraud
Chapter 28 UPDATE - The Structure and Organization of Congress and the Practice of Lobbying
Chapter 36 UPDATE - Lobbyists and Election Law: The New Challenge
Chapter 40 - Practical Perspectives on the Practice of Lobbying
Chapter 41 - Lobbying and the Antitrust Laws
Chapter 42 - Lobbying and Lobbyist Registration in Canada
Chapter 43 - The Regulation of Lobbying in Europe
Table of Cases

Preface to 2011 Supplement to the Lobbying Manual (4th Ed.)	p. ix
Foreword to the 2011 Supplement	p. xi
About the Editors	p. xv
About the Authors	p. xvii
A Note on the Resource CD and Web-Updating	p. xxiii
Update: The Lobbying Disclosure Act of 1995: Scope of Coverage	p. 1
Scope of LDA Coverage: In General	p. 1
Definition of "Lobbying Contact": In General	p. 1
Excepted Communications to Covered Officials	p. 1
Update: Registration, Quarterly Reporting, and Related Requirements	p. 3
Registration: Form LD-1 (Line-by-Line Instructions)	p. 4
Quarterly Report and Form LD-1 Update: Form LD-2	p. 4
Line-by-Line Instructions for Form LD-2	p. 4
Content of Quarterly Report	p. 4
Update to Form LD-1	p. 7
Update: Semiannual Reports on Contributions and Disbursements by Registrants and Lobbyists: William V. Luneburg	p. 9
Who Must File?	p. 9
What Must Be Reported?	p. 10
Contributions and Disbursements	p. 10
FECA Contributions	p. 10
Honorary Expenses	p. 11
Meeting Expenses	p. 11
Examples of Reportable Contributions and Disbursements	p. 11
Update: Administration and Enforcement of the LDA and Miscellaneous Lobbying Restrictions	p. 13
Enforcement	p. 14
The Third and Fourth GAO Audits (2010-2011)	p. 14
Violations Related to Compliance with Congressional Gift and Travel Rules	p. 15
Lobbying Under the American Recovery and Reinvestment Act of 2009	p. 15
Oral Communications to Agency Officials (Whether or Not "Covered Officials" Under the LDA)	p. 16
Permitted Oral Communications from Anyone Outside the Government (Including Lobbyists)	p. 16
Prohibited Oral Communications from Anyone Outside the Government (Even If Not an LDA-Registered Lobbyist)	p. 16
Posted (On the Internet) Oral Communications from LDA-Registered Lobbyists	p. 18
Written Communications to Agency Officials (Whether or Not "Covered Officials" Within the Meaning of the LDA) from LDA-Registered Lobbyists	p. 19
Permitted Written Communications from LDA-Registered Lobbyists	p. 19
Posted (On the Internet) Written Communications from LDA-Registered Lobbyists	p. 19
Lobbying Under the Emergency Economic Stabilization Act of 2008	p. 20
Oral Communications Ban	p. 20
Subject Matter	p. 20
The Time Limit on the Oral Communications Ban	p. 20
Scope of the Ban in Terms of Policy Discussions	p. 20
Exceptions to the Oral Communications Ban	p. 20
Posting of Written Communications on Agency Internet Site	p. 20
Lobbyists' Service on Federal Advisory Boards and Commissions	p. 21
Background	p. 21
OMB Guidance	p. 22
Update: Constitutional Issues Raised by the Lobbying Disclosure Act	p. 25
The LDA and First Amendment Political Freedoms	p. 25
Update: Foreign Agents Registration Act	p. 27
Exemptions	p. 27
Registration Under the LDA	p. 27
Update: Federal Campaign Finance Law: A Primer for the Lobbyist	p. 29
Introduction	p. 31
Contributions	p. 31
Basic Federal Contribution Limits and Prohibitions	p. 31
Individuals	p. 31
Corporations and Unions	p. 32
Nonfederal Political Campaign Contributions	p. 33
Contributions by Individuals, Corporations, and Unions	p. 33
Foreign Nationals, Federally Chartered Corporations, and National Banks	p. 35
	p. 36
Cash Contributions	p. 36
Contributions by Federal Contractors	p. 37
Fund-raising on Federal Property	p. 37
Earmarked Contributions (or "Bundling")	p. 37
Disclosure Rules for "Conduits" Who Raise "Earmarked" Contributions	p. 37
Disclosure of Contributions "Bundled" by Federal Lobbyists	p. 38
In-Kind Contributions	p. 41
Volunteer Activity	p. 42
Prohibitions on the Use of Corporate or Union Resources or Facilities for Federal Campaign Fund-raising	p. 43
Use of Corporate or Union Facilities or Resources to Produce Campaign Materials in Coordination with a Candidate	p. 44
Providing Noncommercial Transportation to Individuals Traveling on Behalf of Federal Candidates or Political Committees	p. 44
Federal Election Campaign Expenditures	p. 46
Independent Spending	p. 46
Corporations and Unions	p. 46
Individuals and Federal PACs	p. 47
"Coordinated" Spending	p. 49
Corporate and Union Communications Directed to Restricted Classes	p. 49
Public Communications by Corporations, Unions, Individuals, and Federal PACs	p. 50
Corporate and Union Federal PACs	p. 52
Establishing a Corporate or Union PAC	p. 52
Contributions to a Corporate or Union PAC	p. 53
SoHcitation of Contributions to Corporate and Union PACs	p. 53
Voluntary Contributions	p. 54
Solicitable Class	p. 54
Recordkeeping and Reporting	p. 55
Restrictions on Appointees Imposed by Executive Order 13,490	p. 69
Introduction	p. 69
Who Must Sign the Ethics Pledge	p. 70
What Is Restricted or Prohibited by the Ethics Pledge	p. 70
Restrictions on Accepting Gifts from Lobbyists	p. 70
Restrictions on Participating in Matters Related to Former Employer or Clients	p. 71
Restrictions on Former Lobbyists Entering Government	p. 73
Post-Employment Restrictions	p. 75
Commitment Regarding Employment Decisions	p. 75
Waivers Authorized by the Executive Order	p. 75
Enforcement of the Ethics Pledge	p. 76
Reports Required by the Executive Order	p. 76
Skilling and the Demise of the Crime of Honest Services Fraud	p. 83
Introduction	p. 83
McNally v. United States and the Development of the Intangible Right of Honest Services	p. 83
Skilling v. United States	p. 84
Black v. United States	p. 85
Looking Ahead	p. 85
Update: The Structure and Organization of Congress and the Practice of Lobbying	p. 91
Earmarks	p. 91
Update: Lobbyists and Election Law: The New Challenge	p. 95
Contributions by Individual Lobbyists	p. 95
Restrictions on Contributions by Lobbyists	p. 95
State Laws	p. 95
Fund-Raising for Federal Candidates	p. 96
Avoiding Impermissible Use of Corporate Resources	p. 96
Fund-Raising Events	p. 96
Disclosure of Payments of Costs for Fund-Raising Events	p. 96
Practical Perspectives on the Practice of Lobbying	p. 99
Lobbying Is an Honorable Profession	p. 99
Criticism of Lobbyists: Fact or Fiction?	p. 101
Beyond the Rhetoric	p. 102
Recent Changes in Lobbying Rules	p. 103
Other Changes Worth Considering	p. 103
The Ten Commandments of Effective Lobbying	p. 105
Looking Ahead	p. 109
Conclusion	p. 111
Lobbying and the Antitrust Laws	p. 119
Introduction	p. 119
The Noerr-Pennington Doctrine Defined	p. 120
Limitations to Noerr-Pennington	p. 121
The Sham Exception	p. 122
The Misrepresentation Exception	p. 122
The Pattern Exception	p. 122
Scope of Protected Activity	p. 123
Petitioning	p. 123
Ministerial Government Acts	p. 124
Commercial Government Acts	p. 124
Lobbying Foreign Governments	p. 125
Lobbying Activity and Its Use in Antitrust Litigation	p. 125
Practical Tips for Lobbyists	p. 126
Introduction to Part V Comparative Perspectives	p. 131
Lobbying and Lobbyist Registration in Canada	p. 133
Introduction	p. 134
History of Lobbyist Registration in Canada	p. 134
The Lobbying Act	p. 135
Sources of Interpretation of the Lobbying Act	p. 135
Scope of the Lobbying Act	p. 136
Types of Public Office Holders	p. 137
Communications	p. 137
Excluded Communications	p. 137
Restriction on Lobbying Activities	p. 138
Offenses	p. 139
Investigations	p. 139
Consultant Lobbyists	p. 140
Registration Requirement	p. 141
Time Limit for Filing Return	p. 142
Contents of a Return	p. 142
Monthly Reports	p. 143
Contingency Fees	p. 144
In-House Lobbyists	p. 144
"Significant Part" Test	p. 144
Registerable Communications	p. 145
Time Limit for Filing Return	p. 146
Contents of Return	p. 146
Employees to Be Named	p. 147
Monthly Reports	p. 147
Boards of Directors	p. 148
LobbyistsÆ Code of Conduct	p. 148
Principles	p. 148
Rules	p. 149
Interpretation and Application of Rule 8	p. 149
Provincial Lobbying Regimes	p. 151
Newfoundland & Labrador	p. 152
Nova Scotia	p. 153
New Brunswick	p. 153
Quebec	p. 153
Ontario	p. 154
City of Toronto	p. 154
Manitoba	p. 154
Alberta	p. 154
British Columbia	p. 155
Conclusion	p. 155
The Regulation of Lobbying in Europe	p. 159
Overview	p. 159
Brussels: The Reluctant Force Behind Lobbying Regulation	p. 160
National Lobbying Laws in Europe	p. 162
Germany	p. 163
Hungary	p. 163
Georgia	p. 164
Lithuania	p. 164
Poland	p. 165
France	p. 166
Macedonia	p. 166
Concerted Effort at Self-Regulation	p. 167
The Impetus for Further Lobbying Reform in Europe	p. 168
Appendix B-4A	p. 173
Table of Cases	p. 201
Index	p. 205
Table of Contents provided by Ingram. All Rights Reserved.

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The Lobbying Manual A Complete Guide to Federal Lobbying Law and Practice 2011 Supplement

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The Lobbying Manual A Complete Guide to Federal Lobbying Law and Practice 2011 Supplement

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