Lobbyists are, with rare exceptions, paid representatives of groups seeking to influence public policy. The majority of lobbyists represent organized interests, although there are instances when lobbyists are hired by an individual to work on their behalf.
An individual who contacts legislators on his own behalf is generally not paid, nor would this person be required to register as a lobbyist. Such an individual would be considered a citizen exercising his constitutional rights, rather than a lobbyist. [1]
Interest groups have become the primary link between citizens and their government. As a channel of access through which people can present their views to public officials, interest groups afford people an efficient opportunity to take part in the political process. Since American political culture stresses that participation is a virtue and apathy a vice, such groups have gained wide acceptance throughout American history. [2]
While organized special interests are not new in American politics, a number of trends have developed within the last three decades that have dramatically changed the way these groups operate and the manner in which they seek to affect public policy.
The majority of groups currently seeking to influence political decisions came into existence since World War II. Group formation has accelerated substantially since the early 1960s. As the scope of federal policy making has grown, more interest groups have established offices in Washington. Obviously, it is best to "hunt where the ducks are." [3]
There are more than 17,000 individuals listed in Washington Representatives, which is a compilation of representatives of the major national associations, labor unions, and U.S. companies, registered foreign agents, lawyers, law firms, and issue oriented groups. This volume also lists their clients and areas of legislative and regulatory concern. This means that there are nearly 30 times as many individuals seeking to influence the government as there are members of the House and Senate! [4]
For the sake of this study, four categories of special interest groups will be discussed: trade associations; individual corporations and unions; issue oriented groups; and, representatives of foreign concerns.
Trade associations tend to represent a profession or an industry. The National Trade and Professional Associations of the United States lists approximately 7,500 active national trade associations. Most, although not all, have offices in Washington, D.C. and are involved in lobbying on federal legislation of interest to their membership. [5]
An example of the first type of trade association, namely one that represents a profession, is the American Medical Association (AMA). In addition to the services it provides to its members, the AMA actively lobbies on health care-related issues. Similarly, the National Education Association (NEA) and American Federation of Teachers (AFT) both represent teachers. They seek to promote better education for America's children and improve working conditions in schools through various programs, projects, and by lobbying the government.
The high technology industry provides good examples of trade associations whose members are all companies in a similar field. High technology companies range from such giants as IBM, Microsoft, Hewlett Packard (HP) and Motorola to small software companies that may have only a few employees.
Regardless of their size, most firms in this industry face many federal issues including reducing tariffs and other trade barriers; copyright, encryption, and patent reforms; government support for research and development including federal funding of such projects and tax credits for company endeavors; legislation dealing with the Year 2000 problem; reforms in how the government procures high tech equipment and services; and, establishing policies to increase the number of H1-B visas available for foreign high tech workers to obtain employment in the United States.
These are not just technical or legal issues. They are high stakes business and political concerns. The outcome of each of these political disputes can affect the earnings of individual firms in the high technology field.
While companies compete fiercely with each other in the market place, they tend to have similar views on many of these issues. In an effort to promote their common agenda, most corporations in this industry choose to join one or more of the trade associations that represent the industry in Washington. The best of these associations include the American Electronics Association (AEA), Information Technology Industry Council (ITI), Information Technology Association of America (ITAA), Computer and Communications Industry Association (CCIA), and the Computing Technology Industry Association (CompTIA). Each of these trade associations has professional lobbyists on their permanent staff to lobby on behalf of issues supported by the associations' members.
A second type of interest group represented in Washington consists of individual corporations or unions.
Continuing to use the example of the high tech industry, larger companies, like IBM and HP, in addition to belonging to a number of trade associations also maintain their own Washington, D.C. offices. They have full-time lobbyists on staff to monitor government actions and to present their company's specific interests to government officials.
Mid-size high tech companies, like Tektronix, Inc., also tend to join one or more trade associations; but rather than support a full-time office in Washington, they establish long term relations with a lobbying firm to look out for their interests and lobby on their behalf. Smaller firms, which to do not have the resources to support a fulltime office or a permanent relationship with a lobbying firm, usually rely upon a trade association to lobby on their behalf and they may hire a separate lobbyist on a case-by-case basis.
Just as most businesses have recognized the importance of having Washington representatives, labor unions also have offices in the nation's capital with full-time lobbyists on staff.
The third type of interest group with offices in Washington having lobbying capabilities are those organized around a specific theme. These are generally member organizations and are commonly referred to as "issue-oriented" groups; the group's members pay dues that allow the organization to exist. Naturally, these members share a strong interest in the organization's particular concerns. The members may be motivated by public policy issues that affect the entire country or only by those affecting the organization's members. For example, the Sierra Club is devoted to protecting the nation's environment; the National Rifle Association focuses on gun control; Planned Parenthood's emphasis is on family planning and women's reproductive freedom; and, the American Heart Association and American Cancer Society each seek to direct federal funds toward researching cures for or prevention of these diseases.
An organization like the American Association of Retired Persons (AARP) works specifically to promote the interests of its own membership. While AARP had originally been formed to provide the elderly with adequate insurance, it is now an active political group that seeks to protect Social Security, provide health care benefits, and oppose mandatory retirement based on age considerations. Similarly, the American Israel Public Affairs Committee (AIPAC) works on behalf of Americans who believe that pro-Israel foreign policy initiatives are in the best interests of this country. Such issue-oriented groups have developed reliable bases of grass-roots lobbying support over many years.
The most effective groups have national membership networks that they can instantly activate to contact every Member of Congress.
The fourth type of special interest consists of foreign entities that hire Washington representatives to assist them. Just over 12% of Washington representatives work for foreign interests, [6] including both foreign businesses and individual foreign governments.
With the end of the Cold War and the United States' emergence as the world's only superpower, most foreign governments recognize that American policies will have direct impact upon their future. They realize that actions by the State Department, United States Trade Representative (USTR), Agency for International Development (AID), and the Congress can be of enormous consequence to their countries.
Embassies tend to have individuals who monitor the activities of the American government, yet embassies have increasingly resorted to using Washington insiders to assist them in their efforts in the nation's capital. Such Washington representatives frequently have better access than their foreign clients. In addition, they understand the often arcane political processes better than those who were not brought up in the U.S., especially those who do not have years of experience working in Washington, D.C.
Similarly, most foreign firms with offices in Washington hire lobbyists to join their staffs or contract out for lobbying assistance. Foreign firms who do not have a permanent presence in the nation's capital, often hire lobbyists to represent their interests.
Firms like Bannerman & Associates, headed by former Senate Foreign Relations Committee staff director Graeme Bannerman, and the Washington Group, which includes David Springer, former staff director to a number of Congressmen, are among the best firms with foreign governments as clients, while others specialize in representing foreign businesses.
Besides these four types of special interest groups, individual people can also utilize the services of lobbyists in Washington. President Bill Clinton, for example, reached out to a network of lobbyists to assist him in his fight against impeachment. Prominent lobbyists including Thomas Hale Boggs, Jr., Jody Powell, Joseph P. O'Neill, and Anthony Podesta participated in frequent conference calls to plot strategy. These sessions were organized by Steve Richetti, who returned to the White House staff after having left to be a lobbyist. [7]
Essentially, lobbying has become a virtual industry in Washington, whose practitioners are called upon by anyone wishing to see specific legislation passed or defeated.
While all four types of interest groups may have lobbyists on their staff, all four also utilize the services of outside lobbyists to augment their activities.
Trade associations, individual companies, and issue-oriented groups may hire lobbyists on a case-by-case basis when they need assistance on a given piece of legislation, or they may use the services of lobbyists with whom they have had long term working relationships. For instance, when the Congress considers major trade legislation, such as the North Atlantic Free Trade Agreement or fast track authority for the President, business oriented trade associations and individual companies hire lobbyists to assist them in promoting this legislation. Conversely, environmental groups and labor unions may also hire additional lobbying support to oppose the passage of these legislative initiatives.
There are also pure lobbying firms, which provide a range of services including direct contact with Members of Congress and staff, monitoring legislation and activating grass-roots support on an issue.
Many lobbyists are former Members of Congress or former Congressional staffers. The number of Members of Congress who turn to lobbying as a profession after they leave the legislature has increased in recent years. Only three-percent of those who left in the 1970s are lobbyists in Washington; 12% who left in the 1980s; and 22% of those who left Congress in the 1990s are now lobbyists. In fact, at least 128 former Members are currently working as lobbyists. [9]
While most Members of Congress who become lobbyists wait until their terms are completed or even until they are defeated for re-election, some Members are so enticed by the potentially lucrative incomes that they resign in mid-term to begin new careers as lobbyists. For example, former Representatives Willis Gradison (A-Ohio) and Glenn English (D-Oklahoma) left Congress before their terms ended in order to become lobbyists. [10]
The number of former Congressional staffers who become lobbyists after leaving the Hill is even greater. These trends are only natural. Former Members and staffers have direct knowledge of the issues they worked on when they were in Congress. Their first hand experience provides them with a better understanding of the legislative process than anyone could obtain by studying or merely observing the Congress. Finally, they still have contacts and friendships with Members and staff who continue to work on the Hill. This gives those who left instant access to current Members and staff.
A ban was imposed in 1995 upon former Members and most staff preventing them from lobbying their former colleagues for one year after they leave the Hill. This ban does not, however, prohibit them from devising strategies and then sending others in their firms to do the direct lobbying.
Successful lobbyists provide at least five important services.
First, they provide legislators with information that can assist in the legislative process; this can be of a technical or general nature and can affect the outcome of policy decisions. Members of Congress constantly need accurate and useful information in order to fulfill their legislative role appropriately. They rely on a combination of media, staff, Congressional research services, and lobbyists to obtain this information.
Second, they are a conduit though which their clients can present their views most effectively to legislators. The lobbyist may communicate this information directly or activate the membership to contact members of Congress through phone calls, letters, e-mails or personal meetings. Most groups seek to have at least one gathering in Washington where their members can meet directly with many, and sometimes all, Members of Congress. The group's Washington office arranges these meetings, which often includes briefing both the grass-roots membership and the Congressional offices.
Third, they enable legislators to communicate efficiently to the group's members, especially those that are constituents or supporters.
Fourth, by carefully monitoring the status of legislation and the content of bills passed into law, lobbyists enable their clients to be fully compliant with the laws of the land.
Fifth, lobbyists have assumed some of the tasks formerly within the domain of political parties, including assisting candidates to develop positions on issues and also to raise campaign funds.
In sum, lobbyists can assist Members of Congress in the performance of their legislative responsibilities as well as in their efforts to seek reelection.
Regardless of the specific issue to be lobbied, most successful lobbyists use similar techniques, strategies and tactics. Many of these are outlined in Bruce Wolpe's, Lobbying Congress: How the System Works. "
Wolpe declares that there are five basic rules which must be employed by all
(1) Tell the truth. Wolpe states that a lobbyist is only as good as his or her word. Legislators rely upon the lobbyist for information. Providing inaccurate information would harm that lobbyist's reputation for the remainder of his or her career.
(2) Never promise more than you can deliver. For example, if grass-roots contacts are promised, the telephone calls, mailgrams, and letters must be generated; if political support is offered, it must be forthcoming.
(3) Know how to listen so that you accurately understand what you are hearing. Knowing legislators and staff firsthand and being able to discern their rhetoric is important to success in the legislative arena.
(4) Staff is there to be worked with and not circumvented. Unlike parliamentary forms of government, staff in the American legislature are key players and should not be ignored. Staff may often be as important as a Member of Congress since they may prepare the final briefing for a Member prior to a vote, or even draft the legislation.
(5) Spring no surprises. Members and staff need to know the source and degree of opposition or support for any given piece of legislation. All significant facts and arguments should be provided to them so that they can reach informed decisions. [12]
In addition to Wolpe's guidelines, there are a number of other fundamentals of lobbying.
A good lobbyist must be thoroughly familiar with the legislative process. It makes little sense to approach a Member of a subcommittee or committee if that committee is not directly involved with the legislation in question. Similarly, it is of little help to approach committee members after the committee in question has already acted. In essence, the lobbyist must know the appropriate subcommittees and committees, their timetable for action, and the legislative concerns of its members.
Members of Congress rely on lobbyists for information. The information should be provided accurately, quickly, and in a useable manner. As Members of Congress deal with dozens of issues in a given day, the information provided to the Member of Congress should usually be presented on one-page of paper with additional background materials made available if necessary. If dealing with a specific piece of legislation, the lobbyist must know the background of the entire bill and the specific clauses that affect the concerns of the interest group.
A successful lobbyist will have a good understanding of the opposition. It is important to understand the arguments presented by opposing groups. This will enable the lobbyist to present counter arguments to allies in the legislature.
Lobbyists should develop access to as many Members of Congress as possible. Since there are over 17,000 other registered lobbyists in Washington, this can be a daunting proposition. Members of Congress and their staff simply do not have the time to see every lobbyist who wishes an audience. A mark of a good lobbyist is the access they are able to develop, particularly with Members key to the legislation of concern. Access to Members and staff is also a reflection of the respect a lobbyist is able to earn for personal integrity and the quality of information provided.
Successful lobbyists are able to generate activity from grass-roots supporters. When an issue of concern comes before Congress, the interest group's Washington, D.C. office should be able to affect public opinion through media campaigns, advertisements, and monitoring the members of the special interest. This, in turn, should result in numerous letters, phone calls, and e-mails to the Congressional office encouraging the Member to take a particular course of action.
The New York Times reported that "in their costs and in their reliance on television, polling and grass-roots constituency building, these efforts most resemble Presidential campaigns. And they are now so pervasive and sophisticated that it has become difficult to distinguish between a lobbying effort, an issue advocacy campaign and a citizens movement." [13]
Technology makes it easier to organize and send political messages across the country at warp speed. E-mail, computer data bases, computerized fax-machines, and mass constituent contacts all generate grass-roots appeals to legislators urging them to take specific actions. The goal of these campaigns and efforts is to convince ordinary voters to "serve as the front-line advocates for the paying clients." Public policy experts even debate whether these new high-tech lobbying methods have made the system more democratic by involving more people in each legislative issue or if the growing reliance on grass-roots lobbying has made it even harder for interests without significant financial resources to compete in the public policy arena. [14]
A related technique to use is the "grass-tops" method of having a few, elite people reach out to individual Members of Congress. Successful lobbyists are either able to convince a Member directly due to their own personal relations with that Member or they know people with good ties to that Member who can make the appeal directly. Thus, lobbyists keep databases of "key contacts" on whom they can call to reach each Member of Congress. These key contacts might include relatives, former employees, friends, neighbors or political contributors; basically, people whose appeals the Member would likely consider sympathetically. [15]
Lobbyists have also become an integral part of the political campaign system. Their lobbying work is, obviously, enhanced if they are also able to assist a Member of Congress to secure much needed campaign funds. They must become expert in campaign finance laws so as not to violate restrictions on the source or amount of funding that can be provided to any political campaign.
Success in politics often consists of coalition building. A good lobbyist finds allies to assist on a given piece of legislation, even if these allies differ from positions the lobbyist represents on other issues. Thus, lobby coalitions may be issue specific or cover a wide range of concerns.
One of the most successful lobbying techniques is to encourage legislators who support a given issue to work as a defacto legislative lobby. They might form a formal or informal caucus within the Congress or simply form alliances around a given piece of legislation. Such alliances are most effective when they cross party lines.
Having legislators promote legislation is even more effective than having this done by a paid lobbyist. Members can speak with their colleagues in the Congressional chambers or in more informal settings such as the gym or restaurant. The role of the paid lobbyist, in such cases, is to provide the Member allies with information and support. The legislators can publicize their support for an issue by co-sponsoring a bill, sending "Dear Colleague" letters to other Members of Congress, or by statements in the chamber which are then published in the Congressional Record.
Essentially, government has become deeply involved in most aspects of life, regulating business, taxes, social policies, health care, education, preserving the environment, and foreign policy. Lobbyists have become almost a "fourth branch" of the government by providing useful information in a timely fashion to assist in the development of all public policies.
Most groups understand the need to have representatives in Washington to protect their interests and to affect policy. Furthermore, not having such representation places groups at a distinct disadvantage. This explains the increasing reliance on lobbyists by virtually every segment of society.
END NOTES
- Lester W. Milbrath, The Washington Lobbyists, Greenwood Press, 1963, p. 28.
- Jeffrey M. Berry, The Interest Group Society, Little Brown & Co., 1984, p. 6-7.
- Ibid, p.10.
- Washington Representatives, Columbia Books, 1998.
- National Trade and Professional Associations of the United States, Columbia Books, 1998.
- William P. Browne, Group Interests and U.S. Public Policy, Georgetown University Press, 1998, p. 47-48.
- Jill Abramson, "The Business of Persuasion Thrives in Nation's Capital", The New York Times, September 29, 1998, p. A22.
- Ibid.
- Ibid.
- Ibid.
- Bruce C. Wolpe, Lobbying Congress: How the System Works, Congressional Quarterly, 1990.
- Wolpe, pp. 9-15.
- Allison Mitchell, The New York Times, September 30, 1998, p. 1.
- Ibid. p. A14
- Ibid.
- Abramson, p. 22-23
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