Transcript RMA Priorities

Part I
Strategies and Tactics
in the Legislative Arena
TheCapitol.Net
August 2007
Kenneth D. Ackerman
Olsson Frank Weeda Terman Bode Matz P.C.
1400 Sixteenth Street NW
Suite 400
Washington, D.C. 20036
(202) 518-6379
[email protected]
www.KennethAckerman.com
What we’ll cover:
• Basics of lobbying;
• Communication with Congress;
– Message, Relationships, Forums;
• Legislative strategy;
• Nuts and bolts;
• Ethics and courtesy.
Some basics:
• U.S. Constitution, amendment 1: “Congress shall make no law
respecting the establishment of religion, or prohibiting the free exercise
thereof; or abridging the freedom of speech, or of the press; or the right
of the people to peaceably assemble, and to petition the
Government for a redress of grievances.”
• Therefore:
– Lobbying is not evil !
– Lobbying is good !
What is a “lobbyist”?
• Generic:
Webster.com:
One who “conducts activities aimed at influencing public
officials and especially members of a legislative body in
legislation.”
Formal:
Lobbying disclosure Act of 1995:
“Any individual who is employed or retained by a client for
…compensation for services that include one or more lobbying
contacts …”
– Elements:
• Client
• Compensation
• Communication with government official
– Not in the normal, formal process (17 listed exceptions);
• Affecting legislation, rules, or government policy;
– Impact:
• Registration
• Public disclosure: name, client, fees.
– See: www.opensecrets.org
Who “lobbies”?
• Registered lobbyists:
–
–
–
–
Over 50,000 associations and advocacy groups;
Over 35,000 registered lobbyists in 2004;
Total lobbying spending in 2006: $2.45 billion.
Includes
• Businesses (big, little, separately and in groups);
• “Special interests”;
• Lawyers (for selves and clients);
• Government:
– Members of Congress, for their States and districts;
• Congressional staff;
– Federal agencies – on behalf of their programs and budgets
– Foreign countries;
• Voters, constituents, people expressing themselves directly;
• Anyone who tries to influence legislation.
Special Rules for Federal Employees
•
Yes, the 1st amendment applies to Federal employees. They can lobby
individually or via organizations at own expense;
•
However, Federal law prohibits using appropriated funds directly or indirectly
to lobby. This applies to
– Federal grants recipients;
– Contractors, and
– Both schedule C and career employees.
•
Rule does not apply to communications with Congress “through the proper
official channels, requests for legislation or appropriations which they deem
necessary for the efficient conduct of the public business. “ 18 U.S. Code 1913.
•
See AFGE issue paper:: http://www.empowermentzone.com/fedlobby.txt
Lobbying is good for the country:
• Assures input for citizens;
• Provides information for members.
• For the lobbyist:
– The key is to provide a service to both sides.
Communicating with Congress:
• Have a strategy:
– Frame an effective message;
– Establish network of long term relationships
– Choose your forums.
The message:
• Who you are:
– Both as organization an individual;
– Your credentials, tie to member, state, or Committee;
– Your importance: Numbers of people or dollars affected by issues;
• What you want:
• Both long-term and short-term;
• Why you deserve it:
• Why it’s important -– To the member, to you, to the country;
• Who supports you.
• Long Term
–
–
–
–
Be our friend – Consider us a “good guy”
Know who we are
Watch our back
Be there when we need you
• Short Term
–
–
–
–
–
–
–
–
–
Vote yes/no on Bill _x_ or Amendment _y_;
Make a phone call or sign a letter;
Carry an amendment;
Block an amendment;
Sponsor a bill
Ask a question;
Schedule a hearing;
Visit our office;
Talk to someone.
What do you want?
• Congress:
– Divides the Federal pie [$2 trillion in 2002]:
• Who receives benefits; who pays taxes;
–
–
–
–
–
–
–
–
–
–
Makes war and peace;
Manages the Federal bureaucracy;
Gets people jobs;
Brings home “pork”;
Directs the economy/ provides social safety net;
Changes the Constitution [or prevents change];
Protects the home district;
Addresses social issues;
Investigates;
Plays politics.
Have a good basic text:
• Three pages of less;
– A quick read, easy hand-out;
• Based on objective sources;
• Agreed to by all stakeholders;
• In some published form
– Report, letter, speech, article;
• Basis for speeches and talking points.
– Keep concepts simple.; [Elevator speech].
Relationships:
• Identify key players and potential allies:
– On Hill: Home state members, oversight committee leaders, key staff;
– Off Hill: Executive branch, industry leaders, trade organizations, media,
“public interest” groups, internal allies, ;
• Establish key relationships up front:
– Sources of information;
– Access for times of need;
– To establish your own profile;
• Timing:
– Use down times (recesses) to build relationships;
– Encourage off-site visits, district meetings. Invite them to your office.
– By crunch time, it may be too late.
Forums:
– Formal hearings, briefings, town meetings:
• Washington and field;
• Written letters, testimony, reports, studies,surveys, polls;
– Face to face sessions with members and staff;
– Informal: Lunches, conferences, off-site visits, phone calls.
– Indirect: third party influencers • Media, constituent campaigns (letters, FAXes, e-mails); paid
advertising, arranged calls -- for wider audience.
– Can’t always choose; it’s best to use the full menu,
depending on urgency and support.
Strategy 1: Process:
• Typical Congress (2005-6, 109th Congress):
• 5,067 bills introduced in the Senate;
• 8,005 bills introduced in the House
• 2,684 passed one chamber or other
• 395 enacted into Public Laws.
Recognize “must bills” (“vehicles”).
The process is deliberately conservative. It is much
easier to stop something than move something.
(see James Madison, Federalist Paper #10).
Strategy 2: The playing field:
•
•
•
•
•
Two-year Congressional cycle;
Annual appropriations/ budget cycle;
Four-year Presidential cycle;
Special authorizations (7-year Farm Bill);
Annual recess schedule and time limits;
– In 2006: Senate,101 days; House, 138 days.
• Use the whole playing field, pick point of most
leverage: Committee, floor, conference.
Strategy 3: Coalitions:
– Advantages:
• Reinforce message:
– Urgency; wider acceptance;credibility.
• Magnify resources:
– Wider range of contacts;
– Sharing of information – better intelligence;
– Workload and money.
– But recognize the risks:
– Message can be diluted;
– Bulky decision-making
– Loss of control, unfair division of cost or labor;
– If you’re in one, respect its rules;
– The “iron triangle”
– Agency-Industry-Congressional Committee
Meetings: Have a strategy:
• Identify the purpose?
– Long-term: Relationships
– Immediate: What do you want?
• Inform and educate the office?
• Get advice and intelligence?
• Request specific action?
• Know your material;
• Bring the right people:
– Expertise, someone with authority; but avoid crowds.
• Be simple and direct: One sentence;
• Have a back-up plan;
– If he can’t vote your way, can he send a letter?
• Before leaving, agree on next steps:
• Warning: Don’t be presumptuous because you (or your
organization) made a contribution !
Staff structure:
• Types:
– Personal: Administrative, Legislative, Press, correspondence;
• District: Part of personal office operation
– Committee and subcommittee:
• Majority, minority, member-specific
– Leadership
• Leaders, policy and steering committees.
• Parliamentarians, Legislative counsel.
• Don’t be fooled !!!
– Actual hierarchy varies by office,
– Personal roles matter more than titles,
• Personal staffs do committee work, or vice versa.
– Can change during the year.
• Frequent shuffles and reorganizations. [No civil service tenure.]
Member or staff?
• Best approach:
• Meet with the member first and early to set priority!
• Then let them delegate to staff.
• For hammering out the details, staff usually better.
Logistics:
• Ask for appointment but:
–
–
–
–
Be flexible on time and place;
Be ready to be brief;
Try to see people at hearings, mark-ups, receptions;
Accept help when offered.
• Member staff can get appointment with Committee staff,
– Keep an eye on events;
– Respect staff schedules during the rush periods.
Documentation:
• Bring paper to leave behind;
– In case meeting is short, or staff cannot take good notes;
– Should contain key facts and talking points;
• One page with tables;
– Usable for briefing member, other staff, media, agencies;
– Avoid power-point or bulky charts;
– Careful on “spin.” Always consider it public.
• Take good notes;
– Promises and commitments -- yours and theirs;
• Be sure to keep the ones you make.
– For follow-up.
Follow-up:
• Send thank you notes or call;
• Pursue the “next steps” and keep promises;
• Keep good records -– Information on staff and member views;
– Avoid crossing wires.
– (Software can help on this.)
Ethics– Formal Rules:
Committee on Standards of Official Conduct
http://www.house.gov/ethics/
– Gifts: Dollar limits:
• Lunches, travel, sports tickets;
– Outside earned income;
– Conflict of interest;
– Fund-raising;
• Never on Federal property,
• Limit to assigned staff in each office,
• Keep separate from substantive discussions.
– Links to new 2007 Ethics Rules:
• House rule package: H. Res. 6
• Honest Leadership and Open Government Act: S. 1
• Always respect staff compliance with rules.
S. 1 Conference Report - Highlights
•
•
Prohibits members from “influencing” hiring decisions of private employers for
political gain – “K Street project”;
Expands lobby disclosure reports –
–
–
–
–
–
•
•
•
•
•
•
Contributions above $5,000 from coalition members;
Contributions to PACs, honorary or inaugural committees or events, or presidential
libraries;
Bundled contributions of $15,000 or more;
Certification of no indirect gifts; and
Disclosure of past Federal employment for 20 years;
Increases penalties, $50,000 to $200,000 per violation;
Requires disclosure of member or staff post-employment negotiations;
Prohibits lobbying contacts with spouses;
Eliminates pensions for former members convicted of bribery, perjury,
conspiracy, or other crimes related to official duties;
Limits use of free private jets;
Eliminates of Senate floor privileges for former Senators who become lobbyists.
Ethics – Informal and courtesies:
– Respect confidences
– Always be truthful and consistent;
• Don’t hide problems;
– Be on time. Know where you’re going.
– Respect other peoples’ time – be concise;
– Don’t blind-side your allies.
• Tell them about your other meetings and plans.
– Don’t go around people unless they are really
obstructing;
– Know your material.