LOBBYISTS WHO ARE NOT LOBBYISTS

Under the U.S. Lobbying Disclosure Act Guidance, is considered lobbying an organization that 'actively participates' in the planning, supervision, or control of lobbying activities of a client or registrant when that organization (or an employee of the organization in his or her capacity as an employee) engages directly in planning, supervising, or controlling at least some of the lobbying activities of the client or registrant. Examples of activities constituting active participation would include participating in decisions about selecting or retaining lobbyists, formulating priorities among legislative issues, designing lobbying strategies, performing a leadership role in forming an ad hoc coalition, and other substantive planning or managerial roles, such as erving on  acommittee with responsibility over lobbying decisions. Organizations that, though members of or affiliated with a client, have only a passive role in the lobbying activities of the client (or of the registrant on behalf of the client) are not considered active participants in the planning, supervision, or control of such lobbying activities. Examples of activities constituting only a passive role would include merely donating or paying dues to the client or registrant, receiving information or reports on legislative matters, occasionally responding to requests for technical expertise or other information in support of the lobbying activities, attending a general meeting of the association or coalition client, or expressing a position with regard to legislative goals in a manner open to, and on par with that of, all members of a coalition or association- such as through an annual meeting, a questionnaire or similar vehicle. Mere occasional participation, such as offering an ad hoc informal comment regarding lobbying strategy  to the client or registrant, in the absence of any formal or regular supervision or direction of lobbying activities does not constitute active participation if neither the organization nor its employee has the authority to direct the client or the registrant on lobbying matters and the participation does not otherwise exceed a de minimis role.

There is a three-part test that determines who is a lobbyist. To qualify someone has to be paid at least $ 3,000 by a client within three months; make at least two direct lobbying contacts for that client with a member of Congress or other government official (face-to-face, phone call, letter or email) and spend at least 20% of his or her time on lobbying activities for that client. The rule is comically easy to evade, most commonly by ensuring that you never spend more than 19.9% of your time lobbying for anyone client, or by delegating actual lobbying contacts to soemone else.

As a result many people call themselves consultants, advisors or any other names besides a lobbyist and given the loopholes in the Lobbying Disclosure Act, some of the de-registrants are acting within the bounds of law to do so. Those who are not registered are protected from discovery by the lack of enforcement mechanism. Thus the public loses knowledege of who these people are lobbying, who is paying for their advocacy work, how much they are being paid, and what issues are they being paid to work on. For its part the American League of Lobbyists holds the view that the "20 percent rule' needs to be closed and a series of other policy changes put in place to ensure that those who are paid to engage in federal lobbying activities are registered, have a solid understanding of the registration and campaign finance laws, and how to comply with them.

More than any president before him, Obama pledged to change the political culture that has fueled the influence of lobbyists. But there's only so much Obama could do in this regard. Lobbying is, after all, a constitutionally protected activity. And it's also true that for better or worse lobbyists have become as permanent a part of the Washington policy process as elected officials and unelected bureaucrats. Lobbyists tend to have a specilaized knowledge or access to the Washington policy process and know how Washington works.

Obama railed at length against lobbyists adn money's influence in politics but many lobbyists found top jobs in the White House. Obama's policy of not taking money from lobbyists is a bit of hair splitting. It's true that he did not accept contributions from inivididuals who are registered to lobby the government. But he does take money from their spouses and from other individuals at firms where lobbyists work. And some of his biggest fundraisers were registered lobbyists until they did sign on with the Obama campaign.

Obama spoke of refusing campaign money from lobbyists but took it from the people who hired them. The ethics plan he outlined, and eventually imposed on his administration did not ban all lobbyists outright but set conditions for their employment and did not cover many who were lobbyists in everything but name.

Many lobbyists in the U.S. believe the Obama administration did target them unfairly, stoking an already widespread distrust of their trade.