Regulation of so-called "astroturf" lobbying stricken from Senate ethics bill

[jfnbl at earthlink.com]

As far as I can tell, the provision (reproduced below) extends to 
"grassroots lobbying" the same registration and reporting 
requirements that already apply to traditional lobbying that involves 
direct contact with members of Congress. There may be some firms 
newly captured by the registration requirement because they only 
engage in grassroots lobbying, and didn't previously have to register 
or report revenues and expenditures in connection with urging the 
public to contact their representatives. But I suspect the major 
impact is going to be on lobbying firms that are already registered, 
and now have to disclose the identity of corporate clients behind 
"grassroots" campaigns urging people to contact their 
representatives. I'm not sure that's a bad thing. The "grassroots" 
campaign for "net neutrality" is a good example. You can look at the 
websites for the pro-NN forces, and come away with no notion that the 
campaign is orchestrated, organized, and well-funded by corporate 
interests.

To answer your question, the regulated conduct probably includes what 
Democracy 21 and the League of Women Voters did; but no one is 
suggesting that the regulated conduct should be prohibited -- only 
that we know who's behind it.

John Noble


At 10:45 AM -0800 19/1/07, Scarberry, Mark wrote:
>Content-class: urn:content-classes:message
>Content-Type: multipart/alternative;
>	boundary="----_=_NextPart_001_01C73BFA.0A74F43A"
>
>I'm somewhat shocked (as Captain Renault would say, "shocked, 
>shocked") that 43 Democratic senators voted to retain in the Senate 
>ethics bill a provision regulating communications that urge people 
>to contact members of Congress, even outside the context of a 
>campaign. Kudos to the ACLU and other groups for opposing this 
>proposed invasion of the First Amendment. I wonder whether the 
>attempt by proponents of the legislation to create a "grassroots" 
>surge of indignation against Republicans for blocking the regulation 
>would itself have been subject to the regulation. As the Washington 
>Post reports:
>
>"After Republicans temporarily derailed it [the bill] late 
>Wednesday, the watchdogs responded furiously. Democracy 21 posted 
>what it called a 'Hall of Shame,' listing the 45 Republicans that 
>voted to filibuster the bill. The League of Women Voters condemned 
>what it called 'late night shenanigans.' "
>
><http://www.washingtonpost.com/wp-dyn/content/article/2007/01/18/AR2007011802176_2.html>http://www.washingtonpost.com/wp-dyn/content/article/2007/01/18/AR2007011802176_2.html
>
>Is there a principled difference between what Democracy 21 and the 
>League did and what they seek to regulate?
>
>Mark S. Scarberry
>Pepperdine University School of Law
>


  SEC. 220. DISCLOSURE OF PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.
     (a) Definitions.--Section 3 of the Act (2 U.S.C. 1602) is amended--
     (1) in paragraph (7), by adding at the end of the following: 
``Lobbying activities include paid efforts to stimulate grassroots 
lobbying, but do not include grassroots lobbying.''; and
     (2) by adding at the end of the following:
     ``(17) GRASSROOTS LOBBYING.--The term `grassroots lobbying' means 
the voluntary efforts of members of the general public to communicate 
their own views on an issue to Federal officials or to encourage 
other members of the general public to do the same.
     ``(18) PAID EFFORTS TO STIMULATE GRASSROOTS LOBBYING.--
     ``(A) IN GENERAL.--The term `paid efforts to stimulate grassroots 
lobbying' means any paid attempt in support of lobbying contacts on 
behalf of a client to influence the general public or segments 
thereof to contact 1 or more covered legislative or executive branch 
officials (or Congress as a whole) to urge such officials (or 
Congress) to take specific action with respect to a matter described 
in section 3(8)(A), except that such term does not include any 
communications by an entity directed to its members, employees, 
officers, or shareholders.
     ``(B) PAID ATTEMPT TO INFLUENCE THE GENERAL PUBLIC OR SEGMENTS 
THEREOF.--The term `paid attempt to influence the general public or 
segments thereof' does not include an attempt to influence directed 
at less than 500 members of the general public.
     ``(C) REGISTRANT.--For purposes of this paragraph, a person or 
entity is a member of a registrant if the person or entity--
     ``(i) pays dues or makes a contribution of more than a nominal 
amount to the entity;
     ``(ii) makes a contribution of more than a nominal amount of time 
to the entity;
     ``(iii) is entitled to participate in the governance of the entity;
     ``(iv) is 1 of a limited number of honorary or life members of 
the entity; or
     ``(v) is an employee, officer, director or member of the entity.
     ``(19) GRASSROOTS LOBBYING FIRM.--The term `grassroots lobbying 
firm' means a person or entity that--
     ``(A) is retained by 1 or more clients to engage in paid efforts 
to stimulate grassroots lobbying on behalf of such clients; and
     ``(B) receives income of, or spends or agrees to spend, an 
aggregate of $25,000 or more for such efforts in any quarterly 
period.''.
     (b) Registration.--Section 4(a) of the Act (2 U.S.C. 1603(a)) is amended--
     (1) in the flush matter at the end of paragraph (3)(A), by adding 
at the end the following: ``For purposes of clauses (i) and (ii), the 
term `lobbying activities' shall not include paid efforts to 
stimulate grassroots lobbying.''; and
     (2) by inserting after paragraph (3) the following:
     ``(4) FILING BY GRASSROOTS LOBBYING FIRMS.--Not later than 45 
days after a grassroots lobbying firm first is retained by a client 
to engage in paid efforts to stimulate grassroots lobbying, such 
grassroots lobbying firm shall register with the Secretary of the 
Senate and the Clerk of the House of Representatives.''.
     (c) Separate Itemization of Paid Efforts to Stimulate Grassroots 
Lobbying.--Section 5(b) of the Act (2 U.S.C. 1604(b)) is amended--
     (1) in paragraph (3), by--
     (A) inserting after ``total amount of all income'' the following: 
``(including a separate good faith estimate of the total amount of 
income relating specifically to paid efforts to stimulate grassroots 
lobbying and, within that amount, a good faith estimate of the total 
amount specifically relating to paid advertising)''; and
     (B) inserting ``or a grassroots lobbying firm'' after ``lobbying firm'';
     (2) in paragraph (4), by inserting after ``total expenses'' the 
following: ``(including a good faith estimate of the total amount of 
expenses relating specifically to paid efforts to stimulate 
grassroots lobbying and, within that total amount, a good faith 
estimate of the total amount specifically relating to paid 
advertising)''; and
     (3) by adding at the end the following:
     ``Subparagraphs (B) and (C) of paragraph (2) shall not apply with 
respect to reports relating to paid efforts to stimulate grassroots 
lobbying activities.''.
     (d) Good Faith Estimates and De Minimis Rules for Paid Efforts to 
Stimulate Grassroots Lobbying.--
     (1) IN GENERAL.--Section 5(c) of the Act (2 U.S.C. 1604(c)) is 
amended to read as follows:
     ``(c) Estimates of Income or Expenses.--For purposes of this 
section, the following shall apply:
     ``(1) Estimates of income or expenses shall be made as follows:
     ``(A) Estimates of amounts in excess of $10,0000 shall be rounded 
to the nearest $20,000.
     ``(B) In the event income or expenses do not exceed $10,000, the 
registrant shall include a statement that income or expenses totaled 
less than $10,000 for the reporting period.
     ``(2) Estimates of income or expenses relating specifically to 
paid efforts to stimulate grassroots lobbying shall be made as 
follows:
     ``(A) Estimates of amounts in excess of $25,000 shall be rounded 
to the nearest $20,000.
     ``(B) In the event income or expenses do not exceed $25,000, the 
registrant shall include a statement that income or expenses totaled 
less than $25,000 for the reporting period.''.