Principles of Federal Appropriations Law - US Government ...

Chapter 4
Availability of Appropriations: Purpose
New Restrictions on Lobbying” on December 20, 1989 (54 Fed. Reg. 52306),
supplemented on June 15, 1990 (55 Fed. Reg. 24540), and amended on
January 15, 1992 (57 Fed. Reg. 1772) and January 19, 1996 (61 Fed. Reg.
1412). An interim final rule for grants was issued jointly by OMB and 29
grantor agencies as a common rule on February 26, 1990 (55 Fed. Reg.
6736). For contracts, see subpart 3.8 of the Federal Acquisition
Regulations.
GAO has addressed the application of the Byrd Amendment to federal
contractors in the context of bid protests but has not had occasion to apply
it to federal grant recipients. See 71 Comp. Gen. 281 (1992)
(communication between bidder’s “regularly employed” employee and
government engineer was not an attempt to influence procuring agency in
connection with a federal contract and therefore did not violate the Byrd
Amendment); 71 Comp. Gen. 81 (1991) (Byrd Amendment does not require
disclosure of reasonable compensation to regularly employed employees);
69 Comp. Gen. 604 (1990) (contractor lobbying activity was not directed at
award of current contract and therefore was not required to be disclosed
under the Byrd Amendment); B-246304.8 and B-246304.9, May 4, 1993
(bidder’s lobbying to have legislation changed, regardless of how funded,
did not violate the Byrd Amendment).
More recently, the Lobbying Disclosure Act of 1995, 139 as amended, 2 U.S.C.
§§ 1601 et seq., provides that organizations described in section
501(c)(4) of the Internal Revenue Code 140 which engage in lobbying
activities are not eligible to receive federal grants. 2 U.S.C. § 1611. The Act,
at 2 U.S.C. § 1602(7), defines “lobbying activities” to mean:
“[L]obbying 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.”
The Act, at 2 U.S.C. § 1602(8), further defines “lobbying contact” to mean
communications with covered federal officials. As such, the Act does not
139 Pub. L. No. 104-65, 109 Stat. 691 (Dec. 19, 1995).
140 Certain civic leagues, social welfare organizations, and local associations of employees.
26 U.S.C. § 501(c)(4).
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