Lobbying for Nonprofits

Page 42

During a hearing before the Senate Committee on Rules and Administration, Senator Christopher Dodd stated that ―[s]".Θ< the Office of Public Records has referred over 2,000 cases to the Department of Justice, and nothing’s been heard from them again‖.

Disclosure and Domestic Regulations Generally, the United States requires systematic disclosure of lobbying, and it may be one of the few countries to have such extensive requirements. Disclosure in one sense allows lobbyists and public officials to justify their actions under the banner of openness and with full compliance of the law. The rules often specify how much a lobbyist can spend on specific activities, and how to report expenses; many of the laws and guidelines are specified in the Lobbying Disclosure Act of 1995. Transparency and disclosure requirements mean that there are volumes of statistics available for all kinds of analyses—by journalists, by the public, by rival lobbying efforts. Researchers can subdivide lobbying expenditures by numerous breakdowns, such as by contributions from energy companies. Sometimes defining clearly who is a "lobbyist" and what precisely are lobbying activities can be difficult. According to the Lobbying Disclosure Act, several authorized definitions include: 

Lobbying activities means "lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others." Lobbying contact means "any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official".

Still, distinguishing lobbyists from a strategic adviser can be difficult, since the duties of each can often overlap and are hard to define precisely. There have been issues raised about what constitutes the difference between a lobbyist and a bundler; one report described bundlers as "supporters who contribute their own money to his campaign and solicit it from others", and there was a question whether such persons were really lobbyists involved with raising campaign monies for the election of Barack Obama, and whether Obama had broken his own pledge not to receive money from lobbyists. The legal ramifications of lobbying are further intertangled with aspects of campaign finance reform, since lobbyists often spend time seeking donations for the reelection efforts of congresspersons; sorting out these issues can pose ethical challenges. There are numerous regulations governing the practice of lobbying, often ones requiring transparency and disclosure. People paid to lobby must register with the secretary of the Senate and the clerk of the House of Representatives within 45 days of contacting a legislator for the first time, or 45 days after being employed. An exception is that lobbyists who earn less than $3,000 per client for each fiscal quarter, or whose total lobbying expenses are less than $11,500 each quarter, do not need to register. PartPage 41 of 56


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