Archive for the ‘Earmarks’ Category

Lobbying in the 112th: The Budget & Appropriations Process

Thursday, January 27th, 2011 by Vbhotla

So, you need to influence federal budgetary policy to secure funding for a program.  But earmarks are out (at least that’s what they’re telling you), and you need to find a way to still effectively do your job.

According to John Scofield of the Podesta Group, “Regulations are the new earmarks.”  What Scofield alludes to is that one way to steer funds your way could be through petitioning the executive branch , particularly the regulatory agencies who are responsible for monitoring the implementation of Congress’s budget decisions.  Lobby the agencies in conjunction with Congress; get a letter or promise of phone call from Members or staffers who are particularly geared up about your cause to support your argument before the executive branch.

Other useful tips include:

  • Develop coalitions. The more people rallying on behalf of your cause, the broader your reach, and hence, the greater the success.  Enlist stakeholders.
  • Put a personal face to the problem. Elected officials are, well, elected.  If you deploy constituents on your behalf, especially in the current climate with so many Congressional newbies in which things are more likely to happen on merit than rank, the chance of success increases exponentially.  (Advise constituents NOT to threaten not to vote for the Member.  Positive urging is more effective than threats.)
  • Consider multiple approach angles. Repetition is not a bad thing. You may consider a targeted media approach, in which you generate a series of editorials by meaningful contributors in the right publications.  Home district papers, though smaller and of less national attention, will catch the eye of particular Members and staff.  There are, however, occasions when national and online media will be useful.  Know your audience.
  • Get in early.  An appropriation enacted in March 2011 was submitted by the program 24 months earlier.  Now is not a good time to go out for bid with hopes of impacting the FY2011 budget.  And you are behind the curve on the FY2012 budget process.  The best thing to do is to submit requests ON TIME during the subcommittee mark-up.  If you don’t get into a subcommittee bill, you are unlikely to make it in at any later point of the process.
  • Make reasonable asks. Learn what Congress actually has the power to do.  Do not waste your time and energy (and the Member/staffer’s time and energy) petitioning for something the committee simply cannot do.  This is where it may come in handy to build a Congressional champion to pen a letter of support to another entity, like a regulatory agency.
  • Do your homework. Review the president’s budget justifications and incorporate your issues into the supplemental information.  Hold desk-side briefings, ask to testify at hearings.  Provide the staffers with draft questions they can ask during a hearing, whether you are involved or not.  A “protect the budget request” angle will be much more effective than an “add to the budget request.”  Find some way to relate your issue/program into the issues that are already center-stage in the committee’s mind.

Important to Note in the 112th

Friday, January 14th, 2011 by Vbhotla

There has been a lot of discussion of “changing Washington” in the months leading up to the transition from 111th to 112th Congress.  Obviously, some of that was simply rhetoric, and some of it will be pursued with vigor (at least in the first session; enthusiasm may die down once the freshman class realizes some of the proposed changes will get in the way of effectively doing their jobs, just as high school and college freshmen realize by the second semester that things will not go exactly as anticipated).

Earmarks – You should know that the ban on earmarks is not in the House nor Senate rules.  It is, however, in the Republican Conference rules (which point to the House rules for guidance on defining earmarks).  As the definition of earmarks and what will and won’t be permissible is worked out, it is safe to assume if it was considered an earmark within the last five years, it will be considered an earmark moving forward.

However, experts argue that the current talk of an outright ban doesn’t make policy sense and will eventually reveal itself as allowing too much to the discretion of the Executive Branch.  New members of the House, in particular, are expected to tone down the rhetoric once they realize an all-out earmark ban would tie their own hands.

Transparency – Electronic texts have newly been added to the House rules regarding accessibility of legislation to the American people.  Though Congress has traditionally been concerned with the security implications of making legislation accessible online, this is expected to be the new standard as electronic media becomes more and more prevalent in society.

“Budget Czar” – Paul Ryan (R-Wis.) will have the power to unilaterally set policies regarding certain budgetary decisions, including the spending aggregate.  He may also decide to sub-allocate funds to advance the conservative agenda.