Sunlight Foundation

The Business of Not Lobbying

This is outrageous.

National Journal's Under the Influence blog has a piece up on a new lobbying shop whose selling point appears to be that they can provide some services lobbying firms would provide, but without the reporting requirements.

Citing what its founders call a "volatile climate for lobbyists," K Street Research opened shop today in hopes of helping clients with policy and research needs while lowering their lobbying disclosure numbers.
First, "policy and research" are incredibly vague descriptions.

Second, the lobbying disclosure act was designed to require disclosure of this sort of research. See 2 USC 1607 (7):

(7) Lobbying activities The term “lobbying activities” means lobbying contacts and efforts in support of such contacts, including preparation and planning activities, research and other background work that is intended, at the time it is performed, for use in contacts, and coordination with the lobbying activities of others.

Engaging in such lobbying activities isn't enough to qualify as a lobbyist who has to file, however:

(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.

Apparently, by avoiding making more than one lobbying contact, this firm intends to make a business out of lobbying activity (writing white papers, etc), without triggering reporting requirements.

They'll likely succeed in that, since there's a strong demand for political influence, and a strong demand to avoid the scrutiny that comes along with it.

They should also succeed in drawing attention to the need to update the Lobbying Disclosure Act, since this business is apparently based on the benefits of skirting it.

Update:

I should add that everything I know about the new firm I've read in the National Journal's blog post, so I'm reacting solely to what's suggested there.

Costs like "policy advice and research", however, don't inflate lobbying reporting numbers, they're intended to be part of them. This story suggests a way has been found to avoid having to report them.

We'll Be Following This New Blog

Here's a positive development: The National Journal is putting more focus on the role lobbying and advocacy with its newly launched (and completely accessible) Under the Influence blog. (It looks like if they link to their own articles that you will need a subscription to read them.) In their press release announcing the launch they say that the blog's mission is to help readers understand how the lobby industry actually works, as well as to cover the people who work to influence the laws and regulations that determine America's future. Under the Influence will focus on fund raising, association mergers, who's in and who's out at Washington lobbying offices, and a discussion on whether an Obama administration would adopt the campaign's professed disregard for the lobbying community, according to the release.

"Anyone who follows Washington wants to be first to know how a huge and powerful network of actors gets things done in the $3 billion-plus influence industry," said Bob Gettlin, the blog's editor. "Advocates, lobbyists, and policy experts serve a critical function in our democracy, educating elected officials on complicated issues.  Yet, the world of lobbying is poorly understood and heavily stereotyped."