(1) Examinations and discussions of broad social, economic, and similar problems
are neither direct lobbying communications nor grassroots lobbying
communications. Thus, a private foundation’s discussions or communications
with members and employees of a legislative body and other officials involved in
the formulation of legislation are not deemed direct lobbying so long as such
discussions or communications do not address the merits of specific legislation
and so long as such discussion does not directly encourage recipients to take
action with respect to legislation. See Treas. Regs. 53.4945-2(d)(4) and 56.49112(c)(2).
(2) For example, a private foundation’s discussions with members of the general
public on problems that are being considered by Congress or other legislative
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bodies are not deemed grassroots lobbying only if the followings conditions are
satisfied:
a. The discussions are not directly addressed to specific legislation being
considered; and
b. The discussions do not directly encourage recipients of the communication to
contact a legislator, an employee of a legislative body, or a government
official or employee who may participate in the formulation of legislation. See
Treas. Regs. 53.4945-2(d)(4) and 56.4911-2(c)(2).
