Lobbying

Lobbying is the process through which issues and individuals are mobilized in an effort to bring about change. The end goal of most lobbying is the institutionalization of change through legislative processes; 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.

Lobbying is classified by the Internal Revenue Service 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 on 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 a 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” (2001, p. 5). Any employed individual whose direct lobbying responsibilities constitute 20 percent 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, 2001, p. 5). Exceptions to registration rules are made only on the amount of expenditure.

These individuals 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 [Page 493]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.

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