Advocacy and Lobbying Issues

Federal:

12/7/2009 CRS Releases Report on Federal Executive Branch Lobbying Rules. The Congressional Research Service issued a December 1 report on the Obama Administration's lobbying rules. CRS concluded that the new White House rules creating restrictions on federally registered lobbyists' access to executive branch departments and agencies has already changed the relationship between lobbyists and covered executive branch officials. Read the articles:
http://www.politico.com/news/stories/1209/30185.html  http://www.ombwatch.org/node/10633

 1/21/09 Obama Administration Issues Lobbying Rules Change.  One day after taking his oath of office, President Obama issued an Executive Order, entitled Ethics Commitments by Executive Branch Personnel.  Ethics changes include prohibiting appointees to accept gifts from lobbyist or lobbying organizations.  For more information read the Executive Order at http://www.whitehouse.gov/the_press_office/ExecutiveOrder-EthicsCommitments/. 

1/16/09 FEC Holds Comprehensive Public Hearing on Procedures.  The FEC held public hearings on January 14-15 to solicit public comments on how they can increase transparency, fairness and efficiency of its regulations and procedures. Commenters recommended setting penalties more transparent, and ways to improve communication between respondents and the Commission. The Commission has extended the public comment period to February 18, 2009. More information is posted at http://www.fec.gov/press/press2009/20090116summary.shtml.  

1/14/09 FEC. January 14 Public Hearing. The Federal election Commission will hold a public hearing on Wednesday, January 14, 2009, from 10 am to 5 pm in Washington, DC on ways to improve compliance, policies, and enforcement procedures. The agenda includes (1) FEC policies and procedures (including policy statements, advisory opinions, public information, compliance audits, enforcement processes, matters under review, report analysis, administrative fines, and alternative dispute resolution); and (2) FECA procedures and the Commission’s implementing regulations. Comments by OMB Watch and others are posted at http://www.fec.gov/law/policy/enforcement/2009/comments/comments.shtml.  The hearing announcement, supplemental information, statistics and other materials referenced in the hearing announcement are posted at http://www.fec.gov/law/policy/enforcement/publichearing011409.shtml. 

The lack of bright-line rules to determine whether a nonprofit has engaged in electioneering (due to the FEC’s “facts and circumstances test”) has made it difficult for nonprofits to protect voter rights and engage in genuine issue advocacy without fear of violating the law. According to comments submitted by OMB Watch, “The vagueness in the electioneering communications rule and the definitions of express advocacy and major purpose raise serious constitutional issues. These rules fail to adequately inform nonprofits of prohibited conduct and give the FEC extremely broad discretion in its enforcement activities. This raises both procedural due process and free speech issues.” http://www.fec.gov/law/policy/enforcement/2009/comments/comm23.pdf. 

8/2/07 U.S. House and Senate Pass Sweeping Ethics Reform Bill. On July 31, the U.S. House of Representatives passed a sweeping ethics reform bill (by 411-8) to tighten federal lobbying disclosure laws for Congress and lobbyists. Today, August 2, the U.S. Senate also voted 83-14 in favor of the bill’s passage. It will require campaign contribution disclosures to be unbundled, earmark disclosures to be sufficiently in advance of voting, and a total gift ban like the one adopted in the House rules earlier this year. Another provision will require quarterly expense reports, online and publicly searchable.  For more information go to  http://www.ombwatch.org/article/blogs/471/51.   

5/24/07 House Passes Federal Lobbying Reform Bills. On May 24, the House passed the Honest Leadership and Open Government Act of 2007 by a 395-22 vote. HR2316 would provide Federal lobbying disclosure reform by expanding current requirements, increasing penalties for violations, requiring quarterly filing of lobbying disclosure reports, requiring public disclosure of employment negotiations between members of Congress and staff. HR2316 was received in the Senate on May 26. For the Bill text go to http://capwiz.com/pano/webreturn/?url=http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.2316. 

5/24/07 House Passes Resolution to Fix Charity Event Rule. On May 24, the House passed H.Res.437 to correct a technical error in the House Rules that were changed in January 2007. The original rule change permitted House members and staff and their families to accept free attendance to a charity event even if the sponsoring charity did not employ or retain lobbyists. H.Res.437 fixes this provision to be consistent with the Rule prior to January 2007.

Now, House members, staff and their families may accept free attendance to a charity event only even if the sponsoring charity employs or retain lobbyists. However, the event invitation must come from the sponsoring charity and not another organization or individual, net proceeds of the event must benefit a 501(c)(3) charity, and reimbursement of any related local transportation and lodging must be paid by the sponsoring charity. Members and staff still may not accept entertainment in connection with the event or accept food or beverage if not at that group setting with all or most of the other attendees. A House Rules Committee Summary is posted at http://www.rules.house.gov/SpecialRules_details.aspx?NewsID=2678. 

H.Res.437  http://capwiz.com/pano/issues/bills/?bill=9827871

5/21/07 This week, the US House is expected to take-up the lobbying reform bills H.R.2316 and H.R. 2317, ( the Honest Leadership and Open Government Act) The House Rules Committee will meet on Wednesday, May 23, 2007 to report a rule which may structure the amendment process for floor consideration of H.R. 2316. This lobbying reform bill would reduce the registration threshold for lobbying to $2500 and increase the reporting frequency from semi-annually to quarterly. For more information about the Amendment Process go to http://www.rules.house.gov/announcement_details.aspx?NewsID=2670.  For the text of the bill as reported go to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2316rh.txt.pdf. 

2/21/07 Senate Passes Ethics and Lobbying Reform Bill The Legislative Transparency and Accountability Act of 2007 (S.1) includes bans on gifts and travel, and increased disclosure related to lobbying. The bill passed without a grassroots lobbying provision supported by many in the nonprofit sector.

For analysis of the Legislative Transparency and Accountability Act go to http://www.ombwatch.org/article/articleview/3687.

For a copy of the Act go to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:s1pp.txt.pdf.

For information about the grassroots Lobbying Provision that was not included in the final version of S-1, go to http://ombwatch.org/article/articleview/3696. 

Executive Branch Lobbying Reform. On Feb. 12, H.R. 984 the “Executive Branch Reform Act,” was introduced by Henry Waxman (D-CA, House Oversight and Government Reform Chairman) and Tom Davis (R-VA, House Oversight and Government Reform Committee Ranking Minority Member) providing for further lobbying restrictions with respect to the executive branch. This bill would require senior level administrative officials, to report quarterly, any significant contact with lobbyists. Quarterly Reports would be posted on a searchable database, and would include dates of meetings, subject discussed, and parties involved.

The bill would extend the “revolving door” ban from one to two years for government employees who become lobbyists after leaving their government jobs. The bill would also require the development of stricter regulations and standards governing how federal agencies classify information.

HR984 could be added to a broader lobbying reform bill expected in the House in March. This more comprehensive bill would include changes to the Lobbying Disclosure Act, similar to provisions in the lobbying and ethics reform bill (S. 1) that was passed by the Senate in January. For a copy of the bill go to http://capwiz.com/pano/issues/bills/?bill=9399671.

House of Representatives Advisory Memo. On Feb. 6, the House Committee on Standards of Official Conduct issued an advisory memo on how member and staff of the House of Representatives must comply with the gift, and meal ban imposed by the new House ethics rule, adopted by the House on January 4-5. The House Rules prohibits legislators and staff from accepting from lobbyists or organizations that employ them, gifts of less than $50, (which were allowed under the previous rule).

The advisory memo explains the rule and some exceptions. Accordingly, members and staff may still accept gifts of nominal value, and invitations to organization sponsored events if it is widely attended, and reasonably pertaining to official duties. The new House rule retains an exemption for short trips such as to college commencements and industry-sponsored seminars. This exemption was a direct result of the efforts of John Graham of ASAE with the help of other associations like the American Heart Association and YMCA. A memo explaining the new rule on the acceptance of officially-connected travel is expected shortly.

For a copy of the House Memo go to: http://www.house.gov/ethics/m_gift_rule_amendments_02_06_2007.htm. 

2/2/07 US House plans to take-up Lobby Disclosure Bill shortly. The US House is considering new Lobby Reform legislation, based on the Senate bill (S-1). The House Judiciary and Government Reform Committees are expected to hold hearings, and to mark up parts of the bill before it moves-on to the House floor. That is expected some time in mid April. Some national nonprofit groups are urging Congress to support S.1 plus a provision that was previously removed from the Senate bill, that would requiring greater disclosure for “Astroturf” lobbying.

On March 1, the House Judiciary Subcommittee will hold a Hearing on the Senate Lobbying Reform Bill. The House Judiciary Constitution Subcommittee will address the provisions of the Lobbying and Ethics bill that passed in the Senate on January 22. The hearing will be begin at 10:00 a.m.(EST) in Washington, D.C. Witnesses include election and ethics attorney Kenneth Gross, former FEC Commissioner Bradley Smith, Brookings Institution Scholar Thomas Mann, and former Common Cause President Chellie Pingree.

For more information on Federal lobbying and ethics reform go to Independent Sector at http://www.independentsector.org/programs/gr/lobbyreform.html. 

For a copy of the bill go to http://capwiz.com/pano/issues/bills/?billtype=S.&billnumb=1&congress=110.

1/31/07 Federal Lobbyist Disclosure Passes Senate; Moves to House. On January 22, the US Senate passed the Ethics Reform bill (S-1) by a voted of 96-2. The bill was received by the House on January 24. The Senate ethics and lobbying reform bill is intended to bring transparency to lawmakers dealings with lobbyists. For additional analysis, visit Independent Sector’s site: http://www.independentsector.org/programs/gr/lobbyreform.html. 

12/13/06 Congress to Begin New Session on January 4. Priorities Include Lobby Reform. Both Houses of Congress passed the lobbying reform legislation earlier in the year, but were unable to arrive at an agreement in pre-conference discussions.

U.S. Senate reformers led by Senators. John McCain (R-AZ) and Russ Feingold (D-WI) will initiate the lobbying and ethics reform legislation in both chambers on January 4. This legislation will forbid members of Congress and their staffs from accepting travel or lodging funded by nonprofit organizations.

When the House convenes on January 4, Speaker Pelosi, as part of her ethics reform agenda, will recommend a rules change for the US House of Representatives. Pelosi’s proposal will prohibit or drastically limit privately-funded travel by members of Congress, including educational and other legitimate trips that charities have customarily sponsored. It will extend the current travel ban on travel funded by registered lobbyists to consist of educational trips funded by nonprofit organizations.

PANO and other members of the Nonprofit Sector across the country are concerned that this proposal will restrict your charity’s ability to communicate with your federal elected officials. It is critical that charities be able to speak out on issues that affect their causes and their constituents. If the proposed rule banning nonprofit funded Federal travel will impact your organization, please contact David Ross. For details about the proposed rules and the proposed legislation go to http://www.independentsector.org/programs/gr/lobbyreform.html.