Lobbying Law Should Not Deter Researchers From Speaking Out On Behalf Of Science

From Speaking Out On Behalf Of Science At the end of 1995, the United States Congress enacted a new lobbying law, replacing a hodgepodge of vague disclosure requirements adopted over the previous 40 years. The intent of the new law is to provide the public with an accurate listing of the people and organizations involved in lobbying and a general accounting of funds expended on such activities. As research institutions consider their responsibilities under the new law, faculty and administrators may become concerned that their interactions with Congress and executive branch agencies "brand" them as lobbyists. But this is a time when scientists need to be science advocates, resisting the inference that the Lobbying Disclosure Act is a deterrent to communicating with policy-makers about the federal science investment. Although broader than the old law, the new legislation is not intended to "catch" people who occasionally make their views known about a program or issue. It is a modest public-disclosure requirement applicable to "real lobbyists"-individuals for whom lobbying is a job requirement. The new Lobbying Disclosure Act of 1995, which became effective on Jan. 1, 1996, expands prior reporting requirements in two ways: It requires the registration of individuals and organizations who have not been required to register previously, and it expands the type and detail of information reported concerning lobbying activities and expenditures. Organizations spending $20,000 or more for lobbying in a six-month period must file a one-time registration if, within that period, an employee acting on behalf of the organization makes at least two lobbying contacts and devotes at least 20 percent of his or her time to lobbying activities. Lobbying contacts are defined as oral or written communications to covered executive branch or legislative branch officials with regard to the formulation, modification, or adoption of legislation or a federal rule, regulation, policy, or position of the U.S., or the administration of a federal program. This may seem broad, but only contacts with members of Congress and their staffs, officials in the office of the president, and certain high-level individuals (political appointees) at agencies are included. Lobbying activities include all efforts in support of lobbying contacts, such as preparation and planning, research, and other background work that is intended to be used in such contacts. There are many exceptions to the law. For example, the day-to-day interactions related to grants and contracts-such as meetings with program administrators regarding the terms of a project-are not lobbying. Lobbying does not include grass-roots activities, such as discussions with local officials and citizen groups to urge them to contact members of Congress or executive branch policy-makers. Lobbying contacts made by an organization's employee who is not acting on behalf of the organization are not considered lobbying. This exception covers letters written to members of Congress by faculty in support of programs or funding agencies. Lobbying contacts made by associations and coalitions are considered lobbying by the association or coalition and not its members. Congress is satisfied with public disclosure of the groups that lobby without sweeping all members of the group into its activities. Responses to a request by a member of Congress and submission of comments to a Federal Register notice are also excluded. The exceptions reflect Congress' efforts to balance the "public interest" in disclosure with the constitutional rights of expression and redress of grievances. Individuals and organizations that have registered must file semiannual reports describing their lobbying activities. The reports will provide the public with information regarding their actual lobbying. Reports must include a description of the issues on which lobbying activities were undertaken (such as bill numbers and references to executive branch actions) and the houses of Congress and agencies contacted. The law does not require the disclosure of the number of meetings, attendees, or topics covered; documents used in connection with lobbying; or outcomes. Reports must include a good-faith estimate of the organization's financial expenditures for lobbying, rounded to the nearest $20,000. In order to estimate expenses, institutions may decide to ask faculty and administrators to keep track of their lobbying activities, even if they do not meet the threshold for being designated a registered lobbyist. Since the law requires an estimate of the expenses of the institution, lobbying activities that support the work of the institution's registered lobbyist should be included. And, of course, lobbying expenditures may not be paid with federal funds. With politics in turmoil and the public clamoring for accountability, it is not surprising that Congress intensified the disclosure requirements for lobbyists. When an organization registers, individuals who conduct its lobbying effort should find the registration and reporting requirements tedious but not burdensome. Most interactions between government officials and scientists are not covered by the law. But even when such contacts are covered, the new law should not reduce or detract from advocacy efforts for science. April L. Burke is an attorney and founder of Lewis-Burke Associates, a government-relations consulting firm specializing in representation of scientific and academic organizations located at 1776 Massachusetts Ave. N.W., Suite 410, Washington, D.C. 20036; (202) 466-4111. Fax: (202) 466-4123. She is online at 72064.146@compuserve.com.

Lobbying Law Should Not Deter Researchers From Speaking Out On Behalf Of Science

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