Hansen-Horn, Lobbying

Robert L. Heath (ed.
), Encyclopedia of Public Relations, Thousand Oaks, CA: Sage, 2005
LOBBYING (Tricia L. Hansen-Horn)

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 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. Any organization which uses its own employees as
lobbyists will not need to register if the organization’s total expenses for lobbying activities do not
exceed $22,500 in a six month period. A lobbying firm (including a self-employed individual) does
not need to register for a particular “outside” client if its total income from that client for lobbying
related matters does not exceed $5,500 in a six month filing period. (Maskell, 2001, p. 6). 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 492 after they leave their positions. This means these
individuals cannot accept employment to lobby any part of the federal government, including
1
members of Congress, for one year after leaving their governmental positions. Indirect lobbying does
not involve a call to action and is sometimes known as grassroots lobbying or grassroots activism.
Indirect lobbying does not require registration with the Secretary of the Senate and the Clerk of the
House, as it generally involves nonpaid laypersons coming together and engaging in public relations
activities in an effort to politicize an issue or promote an agenda. The mode of contact between
grassroots activists and key officials and legislators is almost always mediated. The mediation occurs
in various forms: pseudo-events staged for the purpose of generating the attention of television, radio
or print outlets; letter writing, either through the United States Postal Service or over electronic mail;
town hall meetings and rallies; andtelephone calling, petition signing, and the like. It is important to
note that indirect lobbying may be facilitated by laypersons themselves or sponsoring organizations. It
is also important to note that under the IRS guidelines even what may be considered initially as
indirect lobbying may truly be direct lobbying if a call to action is included. Philanthropic
organizations can lobby along with non–tax-exempt organizations, but they must follow strict
guidelines for lobbying expenditure amounts if they want to maintain tax-exempt status. The 501(h)
election allows nonprofits some allowance for lobbying activities. Under this election they may
attempt to influence legislation within five categories of activity: self-defense; technical advice;
nonpartisan analysis or research; examinations and discussions of broad social, economic, and similar
problems; and regulatory and administrative issues. Any nonprofit organization engaging in lobbying
activities may, under IRS guidelines, spend only one-fourth as much on grassroots lobbying as on
direct lobbying. For example, if an organization has allowed $50,000 in annual lobbying expenses,
only $12,500 of that may be used for indirect lobbying expenditures with the remainder used for direct
lobbying expenditures. Public relations strategists engage in both direct and indirect lobbying
activities to accomplish public relations goals. Public relations ethics call for practitioners to maintain
strict adherence to the rules of lobbying and the avoidance of front groups. Front groups exist when
grassroots campaigns and activities are implemented on behalf of undisclosed interest groups.
Bibliography
Maskell, J. (2001, September). Lobbying Congress: An overview of legal provisions and Congressional ethics rules (Order
Code RL31126). CRS Report to Congress. Washington, DC: Library of Congress, Congressional Research Service.
PRSA Member Code of Ethics. (2000). Retrieved June 27, 2003, from http://www.prsa.org

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Robert L. Heath (ed.

), Encyclopedia of Public Relations, Thousand Oaks, CA: Sage, 2005

LOBBYING (Tricia L. Hansen-Horn)

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