The Lobbyist's Guide To Shaping Laws

A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed by citizens and citizen groups. Lobbyists are intermediaries between client organizations and lawmakers. They are paid to advocate for specific legislation and argue for it in decision-making bodies such as the United States Congress. Lobbying is a lucrative business, with the industry bringing in $9 billion annually, mostly from corporations. In the US, lobbying is subject to strict rules and regulations, and lobbyists must register and disclose their activities. Despite this, lobbying is often perceived negatively and seen as a form of bribery or influence peddling.

Lobbying registration and disclosure

The Lobbying Disclosure Act of 1995, as amended by the Honest Leadership and Open Government Act of 2007, requires all active registrants to file quarterly activity reports with the Clerk of the U.S. House of Representatives and Secretary of the U.S. Senate. The Act also requires all registrants and lobbyists to file semi-annual reports of certain contributions, along with a certification that the filer understands the gift and travel rules of both the House and Senate.

The registration requirement of potential registrants is triggered either on the date their employee/lobbyist is employed or retained to make more than one lobbying contact on behalf of a client, or on the date their employee/lobbyist in fact makes a second lobbying contact, whichever is earlier. In either case, registration is required within 45 days. Lobbying firms are required to file a separate registration for each client. A lobbying firm is exempt from registration for a particular client if its total income from that client for lobbying activities does not exceed and is not expected to exceed $3,000 during a quarterly period.

Organisations employing in-house lobbyists file a single registration. Such an organisation is exempt from registration if its total expenses for lobbying activities do not exceed and are not expected to exceed $14,000 during a quarterly period.

Registrants must disclose the name of each employee who acted or is expected to act as a lobbyist on behalf of the client. Contract lobbyists who are not employed by the registrant should not be listed on the registration or quarterly activity reports.

The Justice Against Corruption on K Street Act of 2018 (the JACK Act) requires all registrations and quarterly reports filed after January 3, 2019, to include:

> "for any listed lobbyist who was convicted in a Federal or State court of an offense involving bribery, extortion, embezzlement, an illegal kickback, tax evasion, fraud, a conflict of interest, making a false statement, perjury, or money laundering, the date of the conviction and a description of the offense."

Registrants and lobbyists must file a semi-annual contribution report by July 30 and January 30 (or the next business day if these dates fall on a weekend or holiday) for each semi-annual period in which a registrant or lobbyist remains active. An "active" registrant is one that has not filed a valid termination report for all clients. An "active" lobbyist is an individual who has been listed on any registration or quarterly activity report and who has not been terminated/delisted by the registrant.

The LDA requires the reporting of "any changes or updates to the information provided in the initial registration". Therefore, if for any reason, the web page listed on a registration no longer includes all of the information required for the LDA website option, the registration must be updated.

The LDA requires registrants to identify the name of each employee of the registrant who acted or is expected to act as a lobbyist on behalf of the client.

Lobbying as a form of bribery

Lobbying and bribery are two terms that often coexist in politics and governance. While both involve attempts to shape decisions and policies, they are distinct practices with different ethical and legal implications. Lobbying is a lawful act of attempting to influence government officials, policymakers, or legislators on specific issues, legislation, or policies. It is often carried out by lobbyists, who are hired by organizations or interest groups to provide information, conduct research, and present arguments. The key element that differentiates lobbying from bribery is transparency, as lobbying activities are typically disclosed and regulated to ensure accountability. On the other hand, bribery is an unlawful act involving the offering, giving, receiving, or soliciting of something valuable with the intent to influence the actions of an official or another person. Bribery is often secretive, coercive, and aimed at achieving personal gain or an unfair advantage.

In the context of a bill becoming a law, lobbying can play a significant role. Lobbyists may engage with legislators and policymakers to shape a bill's content and influence its passage. They may provide information, conduct research, and make arguments to support their clients' interests. While lobbying is a legitimate form of political participation, it has come under scrutiny due to the potential influence of money and campaign contributions. Critics argue that lobbying can provide an unfair advantage to certain interest groups and corporations, allowing them to shape laws in their favour. This has led to concerns about the integrity of the legislative process and the representation of public interests.

Bribery, on the other hand, is a criminal offence with severe consequences. It involves a direct exchange of money, goods, or favours to influence decisions and gain an unfair advantage. In the context of a bill becoming a law, bribery could involve offering monetary incentives to legislators or policymakers to vote in a particular way. It could also include providing gifts, donations, or other forms of compensation to influence their decisions. Bribery undermines the democratic process and can lead to laws that favour special interests over the public good.

While lobbying and bribery both involve attempts to influence decision-making, the distinction lies in their transparency, legality, and intent. Lobbying operates within legal boundaries and values transparency, ensuring that lobbying activities are disclosed and regulated. Bribery, on the other hand, thrives in secrecy and aims to manipulate decisions without public scrutiny. The intent behind lobbying is to express viewpoints and advocate for specific interests, while bribery involves securing an unfair advantage through improper means. Additionally, lobbying typically involves the exchange of information, while bribery involves a material benefit that may be hidden or undisclosed.

In summary, lobbying and bribery are distinct practices with different ethical and legal implications. Lobbying is a lawful and accepted form of political participation, while bribery is a criminal offence. The distinction between the two lies in their transparency, legality, and intent, with lobbying valuing disclosure and advocacy, while bribery seeks to manipulate decisions through secretive and improper means.

Lobbying as a business

Lobbying is a powerful tactic for influencing government policy, particularly for corporations facing risks such as a tax increase or new legislation that could hurt their product or service. It gives companies a voice in the rules and regulations that affect their operations. Lobbying is defined as the act of attempting to persuade business and government officials to pass legislation or engage in an activity that benefits a certain organisation.

Direct lobbying involves any direct communication and/or contact with a government official and/or a member of a legislating body. The purpose of this type of lobbying is to use this contact to influence legislation. For instance, special interest groups on both sides of the abortion debate may donate funds to politicians to try to influence legislation on the issue. Direct lobbying also entails direct contact with key decision-makers and legislators, such as through written letters, phone calls, and in-person meetings.

Grassroots lobbying, on the other hand, involves influencing the public with respect to specific forms of legislation. This requires educating people and urging them to contact their elected representatives by phone or mail to sway them to their side. For example, healthcare advocacy groups commonly send emails to individuals on their mailing lists, asking them to contact government officials about rising healthcare costs.

Lobbies and lobbyists are paid well by their clients to sway the decisions of lawmakers to pass legislation for the industries they serve. Lobbies are often seen negatively because of the influence they exert and the amount of power they hold. That's why they can circumvent the democratic process and conduct what most people call back-office deals.

However, some lobbies can have a positive impact on society, such as those tied to environmental groups, education, and human rights. These lobbies are seen as positive where the public good is concerned and are considered essential.

In the context of how a bill becomes a law, lobbying can play a significant role in influencing politicians and lawmakers to support or oppose specific legislation. Lobbyists can use their influence to persuade politicians to vote in favour of a bill or to block unfavourable measures. This can impact the outcome of a bill as it goes through the legislative process, potentially affecting whether it becomes a law or not.

Lobbying as a career

Education and Experience:

To become a lobbyist, a bachelor's degree is typically required, preferably in a field related to politics or advocacy such as political science, public relations, law, communications, or economics. A law degree can be especially advantageous as it provides a strong understanding of legislation and drafts. Additionally, internships or entry-level jobs in government or political offices, such as working as a congressional aide, can offer valuable experience and networking opportunities.

Skills and Traits:

Lobbyists need to possess excellent communication and persuasion skills, as their role involves influencing and negotiating with politicians and policymakers. Other important skills include research and analytical abilities, diplomacy, initiative, and creativity. Lobbyists also need to be resourceful and adventurous, as they often work long hours and need to adapt their strategies to different situations.

Career Path and Networking:

Breaking into the lobbying profession can be facilitated by networking and building relationships with key persons and policymakers. Starting with grassroots lobbying at the community level can be a good way to gain experience and make connections. Lobbyists often begin their careers by working for elected officials, such as state legislators or local city councilors, before moving on to consulting roles with industry associations or organizations. Networking is crucial for success, as it allows lobbyists to create connections, establish trust, and develop influence.

Registration and Compliance:

Lobbyists are required to register with their state and federal governments and must comply with relevant laws and regulations. This includes disclosing certain information, such as client details and lobbying activities.

Job Opportunities and Salary:

There are various job roles available for lobbyists, including political lobbyist, government relations lobbyist, legislative lobbyist, federal lobbyist, lobbyist attorney, and health care lobbyist, among others. Salaries can vary depending on factors such as experience and the specific role, but lobbyists can generally expect to earn competitive wages.

Effectiveness of lobbying

Lobbying is a lawful form of advocacy that attempts to directly influence legislators or government officials. Lobbying is often done by individuals or organizations that undertake public campaigns to pressure governments into specific public policy actions. Lobbying is protected by the First Amendment to the U.S. Constitution and the Lobbying Disclosure Act of 1995. It is also considered an inherent part of a constitutional republic, where citizens must participate to ensure the government's success and protection of their rights. Lobbying provides access to government legislatures that a single individual could not achieve alone. Lobbying can also serve as an educational tool, as lobbyists present research and facts to support their position.

The effectiveness of lobbying can be seen in its ability to provide access to government and influence legislative action. Lobbyists represent the interests of many individuals or organizations, making it more likely that their concerns will be heard by legislatures. With the ever-growing number of tasks and matters requiring legislative attention, lobbying helps bring issues to the forefront and prevents them from being overlooked or forgotten. Lobbyists also provide continued pressure and support for specific interests, ensuring that they remain a priority for government officials.

Additionally, lobbying can aggregate the interests of many individual constituents, giving them a stronger voice. Lobbying allows for the grouping of individual goals into a collective lobbying aim, making it more likely that the interests of these constituents will be addressed. This is especially important given the large number of bills introduced to legislative bodies, such as the over 10,000 bills presented to the U.S. Congress every two years. With such a high volume of legislation, it is nearly impossible for a single voice to be heard without the amplification provided by lobbying.

The financial impact of lobbying further demonstrates its effectiveness. In 2017, private interests in the United States spent $3.37 billion on lobbying efforts, yielding a significant return on their investment. There is a positive correlation between how much a company spends on lobbying and the financial benefits they receive from the government. For every dollar spent on lobbying, companies can gain an average of $760 in federal support and tax savings, resulting in a substantial return on investment.

However, the effectiveness of lobbying is not without its concerns. Critics argue that lobbying can lead to conflicts of interest, particularly when government officials prioritize the interests of lobbyists and their clients over the public good. The influence of money in lobbying can create an unequal playing field, favoring those who can afford to hire lobbyists or make significant campaign contributions. This can result in laws that benefit special interest groups rather than the general public.

In conclusion, lobbying is effective in providing access to government, aggregating and amplifying the voices of constituents, and influencing legislative action. While lobbying has the potential to benefit democracy by ensuring that a variety of interests are represented, it is important to address the concerns surrounding the influence of money and potential conflicts of interest to ensure that lobbying serves the public interest.

Frequently asked questions