Lobbying

Lobbying is the process of supporting issues and mobilizing individuals to effect public policy change. The goal of most lobbying is the legislative institutionalization of change. Any attempt to influence specific legislation counts as lobbying. Although some may perceive any reference to lobbying as pejorative, to many it represents the fundamental right of free speech guaranteed by the First Amendment of the U.S. Constitution.

Lobbying is classified by the Internal Revenue Service (IRS) at one of two levels: direct lobbying or indirect lobbying. The IRS distinguishes between direct and indirect lobbying based on one main criterion—whether or not there is a call to action.

Direct lobbying involves a call to action linked to specific legislation. It often involves paid individuals engaging in a direct, formal communicative process with key officials and legislators. The Lobbying Disclosure Act of 1995, interpreted by Jack Maskell in 2007 in a Congressional Research [Page 521]Service (CRS) Report for Congress, recognizes two kinds of direct lobbyists: “(1) ‘in house’ lobbyists of an organization or business—employees of that organization or business who are compensated, at least in part, to lobby on its behalf; and (2) ‘outside’ lobbyists—members of a lobbying firm, partnership, or sole proprietorship that engage in lobbying for ‘outside’ clients” (p. 5). The 2007 Honest Leadership and Open Government Act amended the Lobbying Disclosure Act “to provide, among other changes to federal law and House and Senate, additional and more frequent disclosure of lobbying contacts and activities” (Straus, 2011, p. 1).

Any employed individual whose direct lobbying responsibilities constitute 20% or more of his or her time over a six-month period is considered a lobbyist for that organization. A business or organization assigning lobbying duties to an employee, thus making that individual a “paid” lobbyist, must register and identify that individual with the Secretary of the Senate and the Clerk of the House. An outside lobbyist must be registered and identified by the lobbyist firm for each client firm, “identifying such things as the lobbyist, the client and the issues” (Maskell, 2007, p. 5). Exceptions to registration rules are made only on the amount of expenditure.

Individuals working as lobbyists must register within 45 days from employment or from making requisite contacts, whichever is earlier. On another level, if an individual lobbies for or on behalf of a foreign government, a foreign political party, or any other foreign entity, the Foreign Agents Registration Act must be followed as amended by the Lobbying Disclosure Act of 1995. In selecting paid lobbyists, it is important to note the restrictions placed on previous employees of the federal government. In what is known as the “revolving door” conflict of interest, the Act places a “cooling off” period on many former employees extending for one year after they leave their positions. This means these individuals cannot accept employment to lobby any part of the federal government, including members of Congress, for one year after leaving their governmental positions.

Indirect lobbying does not involve a call to action and is sometimes known as grassroots lobbying or grassroots activism. Indirect lobbying does not require registration with the Secretary of the Senate and the Clerk of the House, as it generally involves nonpaid laypersons coming together and engaging in public relations activities in an effort to politicize an issue or promote an agenda. The mode of contact between grassroots activists and key officials and legislators is almost always mediated. The mediation occurs in various forms: social media campaigns; pseudoevents staged for the purpose of generating the attention of television, radio, or print outlets; letter writing, either through the United States Postal Service or over electronic mail; town hall meetings and rallies; and telephone calling, petition signing, and the like. It is important to note that indirect lobbying may be facilitated by laypersons themselves or sponsoring organizations. It is also important to note that under the IRS guidelines even what may be considered initially as indirect lobbying may truly be direct lobbying if a call to action is included.

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