Back to Advocacy School

September 15th, 2010 by Brittany

An excerpt from the Advocacy Handbook.

What is Advocacy?
According to the American Heritage Dictionary, advocacy is: “the act of pleading or arguing in favor of something, such as a cause, idea, or policy; active support.”

Under this definition, there are many types of advocacy, including:

Legal Advocacy:  Arguing on behalf of a client in the legal environment

Child Advocacy:  Making the case for children in a child-oriented venue, such as a school or in the context of child protective services

Patient Advocacy:  Helping individuals navigate through the increasing complex medical arena and safeguarding their rights

Casework / Social Welfare Advocacy:  Working with low-income or otherwise disadvantaged individuals to be sure they have the services they need

Corporate Advocacy:  Efforts by corporations to promote a specific cause or idea for the benefit of the general public (also related to the idea of “Corporate Social Responsibility”)

In each of these circumstances, one person or a group of people pleads or argues in favor of a particular cause, idea, or individual.  The difference between these types of advocacy and advocacy in the policy arena are matters of topic, scale, and audience.

Advocacy in the policy arena can be defined along the following lines:

Topic:  Improvements to public policy or funding for public programs at the local, state or federal level

Scale:  Focused on benefits for a group of people as opposed to an individual

Audience
:  Primarily targeted at policy makers at the local, state or federal level.  Secondary targets may include opinion leaders, business interests and citizens in an effort to elicit change with relevant policy-makers.

In addition, the use of the term advocacy refers specifically to advocacy that is done by non-professionals as opposed to the “direct lobbying” done by government relations professionals across the country.  A fourth area of differentiation, therefore, would be:

Advocate:  An individual, such as an association member, company employee or citizen, who pleads the public policy case to a policy maker, often in concert with a larger organization.

On This Day in Lobbying History

September 14th, 2010 by James

HLOGA signed into law

The Honest Leadership and Open Government Act was enacted.

The bill was signed into law on September 14, 2007 by President George W. Bush.

“Casino Jack” Premieres in Toronto

September 14th, 2010 by James

The latest incarnation of the Jack Abramoff story is now playing at the Toronto International Film Festival. “Casino Jack,” the big-screen adaptation of Abramoff’s rise to power and fall from grace, stars Kevin Spacey in the lead role.

Spacey, who was on hand for the film’s premiere in Toronto, told Reuters that he played the role with a certain amount of sympathy for the now-disgraced lobbyist:

“His greed wasn’t self interest… Is it just that he got caught up in the game of being the best, of making the most money in the culture of the lobbying industry? When you break it down, he wasn’t doing anything that everyone else in Washington wasn’t doing. He was doing it louder, better and making more money than everyone else.”

Spacey apparently met with Abramoff while Abramoff was still in prison (he has since been released and is working in Baltimore).

“Casino Jack” is directed by George Hickenlooper; it will open in theaters in December. It was previously reported to be titled “Bagman.”

The Reuters story is available here: “Casino Jack” Shines Light on Disgraced Abramoff.”

Lobby Groups Stock up on Republicans Before Mid-Terms

September 13th, 2010 by James

As happens with any predicted change in power, D.C. lobby shops are hiring Republican staff before November’s mid-terms. With some pundits predicting turnover in the House – and a few even predicting a possible majority swap in the Senate – Washington’s influence industry stands prepared to hire more insiders.

According to the New York Times, “Lobbyists, political consultants and recruiters all say that the going rate for Republicans — particularly current and former House staff members — has risen significantly in just the last few weeks, with salaries beginning at $300,000 and going as high as $1 million for private sector positions.”

Groups that are interested in taking advantage of a potential swing in the make-up of the Congress – who might have such goals as tax cuts, attempted roll-back of March’s health care law, financial services regulatory reform, and more – may seek to beef up their Republican staff in advance of having a new wave of legislators whose goals align with their own.

Connections – as well as being in the right place at the right time - are everything. With thousands of job-seekers sure to flood the city after their candidate wins, now may be the perfect time for staffers looking to make a change to jump to the private sector. Having those connections in place prior to the election could be a boost to corporate or nonprofit advocacy programs.

Revolving door restrictions may place a damper on some senior staff plans to switch to private sector or non-profit lobby work. Those staffers in the House who become lobbyists may not lobby their former employer’s office for a year, while Senate senior staffers may not lobby the entirety of the body for a year.

The New York Times story is here – “Lobbyists Rush to Hire G.O.P. Staff Ahead of Vote.

Ring Trial Highlights Public Opinion of Lobbying

September 13th, 2010 by James

As former Jack Abramoff associate Kevin Ring, who is accused of bribery, moves to the jury selection phase of his retrial, federal Judge Ellen Huvelle is allowing the jury selection team to ask some interesting questions of prospective jurors.

Though it’s not unusual to ask jurors of their political beliefs should the trial relate to a political matter, in this case the jurors are being asked their opinions of the profession of lobbying as a whole. The seven-part question that’s drawing attention asks:

“48. Which of the following, if any, fits with your view of lobbying? Answer either yes or no.

  • Lobbying is the exercise of the democratic right of American industries, businesses, and individuals to influence lawmaking, government policy and decision making that affects their interests.
  • Lobbying is influence peddling on behalf of wealthy people or businesses.
  • Lobbying, whether on behalf of rich people, the middle class, or poor people, should be prohibited.
  • Lobbying can help ensure that government officials make decisions that are in the best interests of the United States.
  • Lobbying is a fancy term for trying to get government officials to do what the lobbyist wants even if it is not good for the country.
  • Lobbying is paying off politicians and government officials to get them to do something.
  • Lobbying is legitimate business.
  • Lobbying is a necessary part of democratic society based on the First Amendment of the United States Constitution.”

One wonders if the same would be asked if a truck driver or fire fighter stood accused. (And as a sign of the times, they’re also being asked if they tweet or have a Blackberry). Ring’s trial is expected to last until the end of November.

A post from the Blog of Legal Times has the whole questionnaire that jurors were required to fill out.  Read more about Kevin Ring in our archives.

Happy Third Anniversary, HLOGA!

September 13th, 2010 by James

Transparency advocates can celebrate September 14 this week because of The Honest Leadership and Open Government Act. The lobbying disclosure amendment – a major piece of legislation amending the Lobbying Disclosure Act of 1995 – was signed into law by President George W. Bush on September 14, 2007.

The legislation was the result of a top Democratic priority in the 11oth Congress – “clearing the swamp” after multiple Congressional ethics scandals. Newly appointed Speaker Pelosi, along with Senate Majority Leader Harry Reid, sought to take advantage of the public discontent to add an additional layer of scrutiny – as well as criminal sanctions – to the ethics rules already in place in Congress.

The bill, which was S.1, introduced by Sen. Harry Reid (D-Nev.), passed in the Senate quickly, in January 2007, and then a companion bill, introduced in the House by Rep. John Conyers, (which originated as H.R. 2316) languished in the House until July 2007. Differences were resolved over the course of three days, and the bill was sent to the White House in early September.

A 2007 article from the Washington Post highlights several objections that then-Pres. Bush had at the time that he signed the bill, including a belief that the legislation was not tough enough on earmarks:

“Bush had complained that the earmark disclosure requirements are too loose, and hinted in early August that he might veto the bill. In a statement Friday, he said the bill has important elements but must be followed by measures to crack down further on earmarks.”

The Washington Post story is here: “Bush Signs Lobby-Ethics Bill.” Read the full text of the public law here, on the GPO site, and read the House and Senate versions here: House and Senate.

Industry Moves and Changes

September 13th, 2010 by James

Melissa Crow, former acting deputy assistant secretary for policy at the U.S. Department of Homeland Security, is the new director of the American Immigration Council’s Legal Action Center.

Galen Reser, the chief lobbyist for PepsiCo in their DC office, will be replaced by Elizabeth Avery, Pepsi’s current VP of global public policy and government affairs. Reser was a part of Pepsi’s D.C. operations for over 19 years.

Jay B. Perron has been named government programs executive for IBM. Jay previously served as Washington political director for Representative Roy Blunt (R-Mo.). Previously he worked for Valente and Associates, and most recently consulted for political affairs firm PRIsm Information Network.

Jim Eltringham has been named vice president of The Advocacy Group Inc.

Francesca Tedesco has left Pfizer to be vice president of APCO Worldwide’s health care team in Washington

Weekly Lobbying News Round-Up

September 10th, 2010 by James

Eliza Newlin Carney of National Journal writes an article on the future of the FEC in a “hostile” campaign finance environment. “Whither The FEC?”

The Senate’s newest member, Sen. Carte Goodwin (D-W.Va.) turns out to have had some lobbyist clients. “New Senator Had Clients Among K Street Heavyweights.” (The Hill)

Rep. Carolyn McCarthy (D-N.Y.) took money from ex-earmark specialist Paul Magliocchetti, now indicted on fraud charges. Some (the Huffington Post) call on her to return that “shady” money.

Rep. Frank Lucas (R-Okla.) is not a huge fan of the way the OCE handled an investigation of him. “GOP lawmaker rips ethics office after case dismissed”. Politico discusses the heavy case load that the OCE tries to sort through, while The Hill reports on whether the GOP would try to disband the unpopular extra-Congressional organization if given the opportunity.

And now, a word from our neighbors to the North: the Canadian Lobbying Code – a professional ethics code which “sets forth three basic principles (integrity and honesty, openness, and professionalism) and eight specific rules.”  (h/t Point of Order blog)

Remember that Congressional Cigar Association that got some press from the Huffington Post in July? HuffPo now publishes a follow-up piece on Rep. Brian Bilbray (R-Calif.)’s involvement with the organization.

The buzz in D.C. was about whether Rahm Emanuel would quit his job as President Obama’s chief of staff to run for Chicago mayor. The Washington Examiner looks at a potential replacement for Emanuel – Tom Donilon, a former Fannie Mae lobbyist.

Sharron Angle was raising money amongst D.C. lobbyists, according to this report from Politico, “Sharron Angle heads to D.C. for lobbyist money.”

The U.S. Chamber, always a lobbying heavyweight, is throwing a lot of money into 2010′s mid-term elections. Story from The Hill, Chamber ups its stakes in midterm election.”

Quote of the Week:

“We’re seeing a premium for Republicans … They’re the new ‘It’ girl.” - Ivan H. Adler, a headhunter who specializes in placing lobbyists, New York Times, 9/9/2010

Happy Rosh Hashanah from Lobby Blog

September 9th, 2010 by Brittany

Traditiona Challah Bread

Last night marked the start of the Jewish New Year so I thought I would highlight some traditional Rosh Hashanah dishes and the lobbyists who in some small way make it possible to serve them.

Apples and Honey brought to you by the lobbyists at the United States Apple Association and the American Honey Producers Association

Challah bread from the Independent Bakers Association

Fish heads (not exactly my favorite) from the National Fisheries Institute

Compliance Q and A: Document Retention

September 8th, 2010 by James

Q: How long would you recommend that all filers maintain their records in order to comply with the Lobbying Disclosure Act’s record retention requirement?

A: The House and Senate LDA Guidance requires document retention for six years. The documentation supporting each LDA report should be maintained with a copy of the as-filed report and maintained for six years.

When the Government Accountability Office audits lobbying firms, they ask for documentation on several things:

  • Lobbying income or expenses
  • Specific issues lobbied
  • Identity of lobbyists engaged in lobbying activities on each issue during the reporting period
  • Disclosure of “active participants” in lobbying activities of a coalition or association
  • Disclosure  of the interest(s) of a foreign  entity in each issue lobbied
  • Termination of individuals no longer engaged in lobbying for the filer
  • The agency or house of Congress lobbied on each issue
  • Proper disclosure of “prior government service” for individual lobbyists listed on the reports

Make sure your lobbying firm (even if you’re a sole practitioner) has an internal compliance system in place for documenting and retaining these records for each client.

This information is condensed from the Lobbying Compliance Handbook, by Cleta Mitchell.

Have a question for Compliance Q&A? Send your questions to ehill@columbiabooks.com.

Did you know?

September 7th, 2010 by James

The Office of the Clerk has referred an aggregate of 887 potential non-compliant [Lobbying Disclosure Act] registrants to the United States Attorney for the District of Columbia.

(From lobbyingdisclosure.house.gov, updated periodically)



Happy Labor Day

September 6th, 2010 by James

Lobby Blog is taking the day off for Labor Day.  Enjoy the unofficial last weekend of summer!

Fall is coming!

Have fun on your long weekend, and if you hunger for lobbying news, be sure to check out our archives, read our newest white paper on the most influential lobbyists, or peruse your copy of the Lobbying Compliance Handbook. (You do have one, right?)

Weekly Lobbying News Round-Up

September 3rd, 2010 by James

The FEC’s two newest final rules were published on Aug. 27, along with two advisory opinions. See our post onWeekly newsthat here, and the FEC’s press release here.

State and Federal Communications’ excellent blog LobbyComply has this interesting piece on the origin of the term “lobbyist.” See State and Fed’s always-useful Compliance Now newsletter for updates on state-level lobbying and compliance.

It seems like House Ethics is always in the news these days. The Office of Congressional Ethics voted to refer several lawmakers for potential violations of ethics rules. Reps. Crowley, Campbell (of California), and Price (of Georgia) were under scrutiny for their votes on financial services reform.

Speaking of House Ethics, Point of Order blog discusses the differences and similarities between Rep. Maxine Waters’ case and Rep. Sam Graves’ case (which was dismissed earlier this year).

The FEC’s RECORD newsletter is now available from their website, here. (PDF)

The Political Affairs Council has an interesting post on Corporate Social Responsibility and the role of CSR in today’s economy.

Open Secrets blog reports on the environment for campaign finance reformers. See post here, “Campaign Finance Reformers Facing Major Political, Legal Obstacles.”

Quote of the week:

“The next president of the United States on January 21, 2013 – - is going to start lobbying… He’s going to be lobbying Congress, he’s going to be lobbying other countries. He’s going to be lobbying the business community. He’s going to be lobbying the labor unions, the governors, because that’s what presidents do, and I feel like it’s an advantage for me to have the chance to do that.” – Mississippi Gov. Haley Barbour (R), on whether his past as a lobbyist makes him a good potential candidate for president in 2012. (Politico, 9/1/2010)

Compliance Q and A: What to Disclose?

September 3rd, 2010 by James

Q: I’m confused by what lobbyists have to list in the “issue disclosure” section of their forms. Could you please clarify what needs to be disclosed on that form?

A: According to the LDA Guidance, for disclosing issues and purposes for which lobbyists are retained by other entities, the following must be listed (the relevant form is the LD-1 or LD-2):

  • The issues on which the lobbying activities will be focused, using the issue codes established by the House and Senate
  • A brief description of the legislation, policy, or other information about the lobbying issue
  • Where the lobbying activities will be focused: House of Representatives, Senate, or a particular federal agency or office
  • The identity of each lobbyist employee engaged in the lobbying activities described above

It is not sufficient to just list a bill number as the description of the lobbying issue area. The instructions for preparation of the LD-1 ask for “detailed, but brief.” List the bill number, if applicable, and also a brief description of the topic which the bill covers, or the subsection of legislation, if a larger bill, such as an appropriations measure.

The information in this post is condensed from the Lobbying Compliance Handbook, by Cleta Mitchell.

Have a question for Compliance Q&A? Email your questions to ehill@columbiabooks.com.

This information should not be taken as legal advice. Please see our “About Lobby Blog” page for more on that.

Campaign Finance in the News

September 2nd, 2010 by James

The Federal Election Commission published two new final rules on August 27, and also issued two advisory opinions.

First is a final rule pertaining to coordination of political communications by outside groups with campaigns. The rule now:

add[s] a new standard to the content prong of the coordination rules to cover public communications that are the functional equivalent of express advocacy. The final rules do not alter the conduct prong of the coordination rules, but provide further justification for retaining the 120-day time period in the common vendor and former employee conduct standards. The final rules adopt a new safe harbor for certain commercial and business communications.

Second is a change to several federal election activity definitions:

The final rules revise the definitions of “voter registration activity” and “get-out-the-vote activity” (GOTV) to cover activities that urge, encourage or assist potential voters to register to vote, regardless of whether the message is delivered individually or to a group of people via mass communication. Brief, incidental exhortations to register to vote are exempt from the new definitions. The final rules clarify that certain voter identification and GOTV activities conducted solely in connection with a non-Federal election are not subject to the Commission’s Federal election activity regulations and provide that certain de minimis activities are not subject to the Federal election activity funding restrictions.

The rules do not take effect until December 2010.

View the FEC’s press release here: FEC Adopts Final Rules on Coordinated Communications and Federal Election Activity, Approves Two Advisory Opinions. (Link included on page to final rules and two published advisory opinions).

Washington Post reports on reactions by campaign finance reformers, “FEC Answers a Nagging Question – Sort Of”.

The FEC’s newsletter, the RECORD, is now online as well.