Rhetoric - 20% Lobbying Loophole

= Rhetoric around the 20% loophole and "non-lobbyists" =

Jack Abramoff, Former Lobbyist

 * “Even I could have gotten out of the 20 percent rule,” Abramoff says. “These are basically fungible numbers.” Bloomberg Businessweek, Lobbyist on Incremental Mission to Restore Lobbying’s Good Name, 6/7/2012.

Former Sen. Tom Daschle (D-SD)

 * In short, Daschle, working with his firm’s lobbyists, uses his decades of congressional experience to tell clients how to favorably influence policy. But Daschle insists, “I do not lobby. I provide my clients with analysis, not access. I offer them strategic advice on public policy matters, including analysis of the substance, procedure and politics associated with different policy initiatives, whether they be legislative, regulatory or otherwise." POLITICO, Lobbyists call bluff on 'Daschle exemption,' 7/26/10

Sen. Chuck Grassley (R-IA)

 * "Since the passage of my amendment, which would require political intelligence lobbyists to register as lobbyists, I have heard a great deal of ``concernfrom the lobbying community. Political intelligence professionals have claimed they should do their business in secret for several reasons. Now, this is the explanation of why they need secrecy. First, they have said if they are required to register, they will no longer be able to sell information to their clients because people will not want to hire them. That makes me wonder, what do they have to hide? Second, they have said many of them have large numbers of clients, and it would take them a lot of time to register these large numbers of secret clients. Again, that makes me think we actually need more transparency to find out who are all of these people buying intelligence information. Third, they have claimed it would not address the so-called ``20-percent loophole that allows people who spend less than 20 percent of their time lobbying from having to register under existing laws as lobbyists. Not too many people know of that 20-percent loophole, but that is a pretty big loophole. A person can lobby, but they don't have to register if they don't spend more than 20 percent of their time on it. Well, on this issue I have some good news for these people. We don't make the mistake that caused the 20-percent loophole. My amendment requires anyone who makes a political intelligence contact to have to register. No loopholes, no deals, no special treatment, just everyone registers. Finally, I just want to assure people, particularly journalists, that they would not have to register. Now, that information has been floating around, and it has been floating around that some constituents looking for information in order to make a business decision might have to register. Not so. Only political intelligence brokers, people who seek information so others can trade securities, would have to register." Congressional Record. 2/9/2012

Former Rep. James Greenwood (R-PA)

 * Biotechnology Industry Organization President James Greenwood, a former Republican congressman... More often, the bold-faced names don’t deny lobbying, but say they don’t advocate enough to trigger the 20-percent registration threshold. For instance, Greenwood spends only 5 percent to 8 percent of his time influencing policymakers, his spokesman, Jeff Joseph. “We follow the letter of the law,” said Joseph, adding that the vast majority of Greenwood’s time is spent recruiting and working with members. “We find that his time, if not de minimis, it doesn’t come anywhere near 20 percent of his time. So to label him as a lobbyist is inaccurate and unfair.” POLITICO, Lobbyists call bluff on 'Daschle exemption,' 7/26/10

Howard Marlowe, President of the American League of Lobbyists

 * Marlowe and the aide knew they disagreed on what would replace the 20 percent rule. Quigley’s bill would get rid of the time rule entirely and force lawmakers to report every single contact with a lobbyist -- each meeting, coffee, and exchange of chitchat at a fund-raiser. Marlowe didn’t like that at all; he wanted to lower it to 10 percent for lobbyists from industry associations and nonprofits, and eliminate a time cap for professional lobbyists like himself. He thought that reporting every contact with a lobbyist was crazy. Bloomberg Businessweek, Lobbyist on Incremental Mission to Restore Lobbying’s Good Name, 6/7/2012.


 * The American League of Lobbyists and Public Citizen do agree on one issue: that a provision requiring formal registration of people who spend 20 percent or more of their work time lobbying is inadequate. The threshold, both Marlowe and Holman said, should be lower — perhaps 10 percent or 15 percent — to force “senior advisers” and other nonregistered influence brokers to disclose their activity, with Marlowe saying the American League of Lobbyists would actively lobby the government in favor of such transparency measures and generally supports “people who are operating in the dark being put out into the sunlight." POLITICO, Lobbying for lobbyists on Capitol Hill, 7/29/11

President Barack Obama

 * Obama's office sends this statement: “It is unacceptable that lobbyists can exploit a loophole to hide their lobbying contacts on behalf of foreign businesses and governments. The American people have a right to know who these individuals are representing and which American officials they're lobbying. Abusing the law to hide access and special treatment is exactly the kind of Washington culture that working Americans are tired of and the culture that I've been fighting against. I am proud to stand with Sens. Schumer and McCaskill to fight for greater transparency and accountability." POLITICO, Senators go after lobbying loophole, 6/12/2008

Sen. Charles Schumer (D-NY)

 * Under current law, lobbyists who represent foreign individuals or companies, rather than a foreign government, don’t have to register under the Foreign Agents Registration Act. But that means some lobbyists can escape any disclosure because the other relevant law — the Lobbying Disclosure Act — lobbyists only have to disclose clients that represent more than 20 percent of his or her total contacts. “The public has a right to know when our government is being lobbied by foreign interests,” Schumer said in the press release. “Right now, too many lobbyists are able to operate in the shadows because of loopholes in the law. Our bill would seal the cracks in the law. It may not be possible to ban these types of activities, but they should at least be transparent.” POLITICO, Senators go after lobbying loophole, 6/12/2008

Rep. Bill Thomas (R-CA)

 * Former Republican House Ways and Means Chairman Bill Thomas, a senior adviser at the lobbying and law firm Buchanan Ingersoll & Rooney, is not registered as a lobbyist... Thomas believes using the 20-percent rule to avoid registering is a bad idea. “That’s really walking a high-wire in a hard wind. I would never, ever attempt to lobby but not do it enough to trigger it. That’s not smart and that’s not what I do,” Thomas said. He continued, “I don’t lobby. I have never gone to a member’s office and talked to a member about a specific piece of legislation in terms of influencing them to support it or oppose it,” he said, adding that he doesn’t call or talk to them about it either. Essentially, he’s a professional handicapper, Thomas said, helping clients understand the odds of getting something they want, and explaining the dynamics behind his forecast. “Politics is the process of who gets what, when and how. I talk about the process. I don’t talk about influencing specific pieces of legislation,” Thomas said. POLITICO, Lobbyists call bluff on 'Daschle exemption,' 7/26/10

Dave Wenhold, former President of the American League of Lobbyists

 * The American League of Lobbyists has teamed with the Sunlight Foundation in hopes of changing the law to require more of Washington’s influence class to register. “I don’t care if you call it a rainmaker or a strategic adviser, if you’re talking to a lawmaker about any issue or anything you’re lobbying,” said Dave Wenhold, president of the league, which represents 1,100 lobbyists. POLITICO, Lobbyists call bluff on 'Daschle exemption,' 7/26/10