Actions That Are Not Lobbying*
(For Private Foundations and Electing Charities)

A wide variety of activities that affect public policymaking is available to foundations. Among those that are not defined as lobbying are the following:

1. Direct communications with legislators or their staff about a general issue of concern where there is either:
   
1. no reference to specific legislation, or


2. no view expressed on such legislation.

2. Most grassroots communications to the public about a general issue of concern where there is either:
   
1. no reference to specific legislation,


2. no position taken on the legislation, or


3. no call to action.

3. Communications with executive offices (i.e.: President, governors, mayors) or their staff about a general issue of concern where there is either:
   
1. no reference to specific legislation,


2. no position taken on the legislation, or


3. the official or staff person will not participate in the formulation of the legislation.

4. Actions to affect regulations or other acts implementing existing laws that are performed by administrative bodies.

5. Class action lawsuits or similar public interest litigation in attempts to influence judicial bodies.

6. Self-defense lobbying activities directed at legislators or their staff (but not to the general public) on matters that might affect the organization's existence, powers, duties, exempt status, etc.

7. Responding to written requests from a legislative body (not a single legislator) for technical assistance on pending legislation.
8. Making available the results of nonpartisan analysis, study, or research on a legislative issue.
9. Discussion of broad social, economic, and similar policy issues requiring legislative solution so long as the discussion does not address the merits of specific legislation.

10. Communications to members of a public charity (not applicable to members of a private foundation) that discuss specific legislation but do not urge action by the members.

11. Private lobbying activity taken by foundation managers on their own time and at their own expense.

*Not all of these exceptions may apply for charities who do not elect to be treated under the 1976 rules–Section 501(h) and 4911.