The United States generally requires a 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.
Clearly defining who is a "lobbyist" and what precisely are lobbying activities can sometimes 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."
Distinguishing lobbyists from a strategic adviser can still 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 a campaign and solicit it from others. " 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 inter-tangled 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. Part-time lobbyists are exempt from registering unless they spend more than 20% of their working hours doing lobbying activities in any quarter. If lobbyists have two or more contacts with a legislator as a lobbyist, then they must register. Requirements for registering also apply to companies that specialize in lobbying, or ones that have an in-house lobbyist, particularly if they spend more than $11,500 on lobbying.
Laws requiring disclosure have been more prevalent in the twentieth century. In 1946, there was a so-called "sunshine law" requiring lobbyists to disclose what they were doing, on whose behalf, and how much they received in payment. The resulting Federal Regulation of Lobbying Act (1946) governed lobbying rules up until 1995 when the Lobbying Disclosure Act replaced it. In 2002, the Federal Election Campaign Act of 1971 later amended the law to the McCain Feingold Act, which contained rules governing campaign contributions. Lobbying law is a constantly evolving field; the American Bar Association published a book of guidelines in 2009 with over 800 pages .
American Bar Association
The American Bar Association published a book about lobbying regulations.
Lobbyists sometimes support rules requiring greater transparency and disclosure: "Our profession is at a critical point where we can either embrace the constructive changes and reforms by Congress or we can seek out loopholes and continue the slippery slide into history along side the ranks of snake oil salesmen." —Lobbyist Gerald S. J. Cassidy, 2007.
Supporters for regulating lobbying hold the view that existing regulations designed to rein in the excesses of lobbying have not been effective, and that reforms and regulations have not cleaned up the system at all. Jack Abramoff said lobbyists could "find a way around just about any reform Congress enacted. " He gave the following example: You can't take a congressman to lunch for $25 and buy him a hamburger or a steak or something like that ... But you can take him to a fund-raising lunch and not only buy him that steak, but give him $25,000 extra and call it a fund-raiser -- and have all the same access and all the same interactions with that congressman. A similar view suggested that lobbying reform efforts have been "fought tooth and nail to prevent its passage" since the people with the power to reform would curtail their own powers and income flows.