An Introduction to Science Policy
(Week 6)
Astronomy 408/508
(and var. cross-listed identifiers)
Dr. Kevin B. Marvel
Visiting Faculty
And
Executive Officer, American Astronomical Society
Lobbying
• Term originated from British Parliament and first
appeared in print in the US in the 1830s.
• The ‘lobbies’ were hallways where members of
Parliament would gather before and after voting (and
sometimes during).
• Citizens could approach their own member and try and
influence their vote, or motivate discussion about an
issue, often through petitions.
• The use of petitions led to presenters of the petitions,
which led to people who developed relationships with
members and became influence peddlers.
• Nobody is really sure when these people started
getting paid for what they did.
Lobbying
Because such influence peddling is perceived to
exclude normal citizens from the process or
dilute their influence, lobbying has gotten a bad
reputation.
Lobbying
Lobbying
Lobbyists are perceived to be influential insiders
with little or no ethical restrictions (they speak
for anyone with $$$) who exist merely to make
money for themselves. They are thought to be
unseen, unregulated and powerful.
Lobbying from Hollywood’s Point of View
http://www.youtube.com/watch?v=0dauVT4Ok5c
Can you name a lobbyist?
Tony Podesta: The Podesta Group
Tony Podesta: The Podesta Group
Where did this info come from?
If lobbying is so secretive, where did all this
information come from?
Federal Rules Governing Lobbying
• Lobbying Disclosure Act (1995, updated 2008)
– Organizations or businesses who make a ‘lobbying
contact’ and are not ‘exempt’ under the law, have
to register and then file regular quarterly reports
– Lobbying contact is defined in fairly strict (and
lengthy) terms
9) LOBBYING FIRM.— The term ”lobbying firm”
means a person or entity that has 1 or more
employees who are lobbyists on behalf of a client
other than that person or entity. The term also
includes a self-employed individual who is a
lobbyist.
Note: this includes ‘classic’ lobbying firms, but also
non-profits, member societies, trade organizations,
advocacy groups, etc.
(10) LOBBYIST.—The term ”lobbyist” means any
individual who is employed or retained by a client for
financial or other compensation for services that include
more than one lobbying contact, other than an individual
whose lobbying activities constitute less than 20 percent
of the time engaged in the services provided by such
individual to that client over a 3-month period.
The impact of this definition and the strict lobbying
contact definition is that many organizations who used to
have to file, no longer have to (such as my
organization)…we just don’t spend a large enough
amount of time doing ‘lobbying contacts’ as defined in
the LDA.
LOBBYING CONTACT.—
(A) DEFINITION.—The term “lobbying contact” means any
oral or written communication (including an electronic
communication) to a covered executive branch official or a
covered legislative branch official that is made on behalf of a
client with regard to—
(i) the formulation, modification, or adoption of Federal
legislation (including legislative proposals);
(ii) the formulation, modification, or adoption of a
Federal rule, regulation, Executive order, or any other
program, policy, or position of the United States
Government;
(iii) the administration or execution of a Federal program
or policy (including the negotiation, award, or administration
of a Federal contract, grant, loan, permit, or license); or
(iv) the nomination or confirmation of a person for a
position subject to confirmation by the Senate.
(B) EXCEPTIONS.—The term ”lobbying contact” does not
include a communication that is— (i) made by a public
official acting in the public official’s official capacity; (ii)
made by a representative of a media organization if the
purpose of the communication is gathering and
disseminating news and information to the public; (iii)
made in a speech, article, publication or other material that
is distributed and made available to the public, or through
radio, television, cable television, or other medium of mass
communication; (iv) made on behalf of a government of a
foreign country or a foreign political party and disclosed
under the Foreign Agents Registration Act of 1938 (22 U.S.C.
611 et seq.); (v) a request for a meeting, a request for the
status of an action, or any other similar administrative
request, if the request does not include an attempt to
influence a covered executive branch official or a covered
legislative branch official; [… up to exception xvii (!) ]
PENALTIES. [2 U.S.C. 1606]
(a) CIVIL PENALTY.—Whoever knowingly fails to—
(1) remedy a defective filing within 60 days after notice of
such a defect by the Secretary of the Senate or the Clerk of
the House of Representatives; or (2) comply with any other
provision of this Act shall, upon proof of such knowing
violation by a preponderance of the evidence, be subject to a
civil fine of not more than $200,000, depending on the extent
and gravity of the violation. (b) CRIMINAL PENALTY.—
Whoever knowingly and corruptly fails to comply with any
provision of this Act shall be imprisoned for not more than 5
years or fined under title 18, United States Code, or both.
Note: Abramoff was not jailed under this penalty…he was
jailed for mail fraud, corruption, conspiracy to bribe public
officials and tax evasion. He served 43 months and…
More powerful incentive for 501c(3)
organizations
Expenditure Test
American League of Lobbyists
A guide to lobbying
ACS Speaking for Science Video
For Next Class
• Should have read by now:
– Chapters 1-5, 7, 8
• For next class
– Chapters 11, 12, 13
• Identify policy issues in the physical sciences, engineering
and technology for discussion…send me links so I can make
copies for everyone..I’ll pick 4 or 5 for us to read and
discuss in class
• The following class will focus on biological, environmental
and medical issues (and read chapters 6 & 9).