All posts by Barbara Faculjak

About Barbara Faculjak

Barbara is the President of the Bryce Harlow Foundation. She also runs a marketing and communications consulting firm focusing on professional services. Prior to this, Barbara served as U.S Markets Leaders for a global tax practice at Ernst & Young, and was a marketing and communications executive for Sallie Mae.

Congratulations, Lindsey Mears!

Lindsay Mears best paper 2013The Bryce Harlow Foundation is excited to award Lindsey Mears with the winning paper from the Ethics in Lobbying Workshop. Ms. Mears is a recent graduate of the Masters degree program in Political Communication at American University. She participated in the Ethics in Lobbying Workshop to enhance her understanding of both the perception and legislation of lobbying activity. She is currently working at an advocacy nonprofit and wants to continue working in issue advocacy.

You can read the full text of her paper here.

Congratulations, Representative John Dingell!

Congratulations to Representative John Dingell, who will become the longest-serving representative in history on June 7, 2013! Representing the 12th congressional district of Michigan, Rep. Dingell is the current Dean of the House of Representatives. He was awarded the Bryce Harlow Foundation award in 1996 for his years of committed service in the House of Representatives as a part of a career that echoes the work and life of Bryce Harlow.
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Rep. Dingell was first elected to the House of Representatives in 1956 and has been reelected 29 times since then. He began his career by fighting for civil rights, clean water, Medicare, and American workers’ rights. Throughout his tenure, he has also advocated for protecting American jobs, improving the safety of our food and drug supply, strengthening consumer product safety, and implementing pipeline safety measures. He has authored many acts and bills over his career, including the Endangered Species Act, the 1990 Clean Water Act, the Safe Drinking Water Act, the Affordable Care Act, and the Patient’s Bill of Rights.

The Bryce Harlow Foundation would like to extend its congratulations to Rep. Dingell for this historic accomplishment!

Principles Over Politics

puseyToday’s post comes from Leigh Ann Pusey, president and CEO of the American Insurance Association and the Vice Chairman of the Bryce Harlow Foundation.

One can’t open a newspaper, watch television or scan social media without being overwhelmed by the partisan tone which has engulfed seemingly every public policy debate in Washington. Whether it’s healthcare or immigration, sequestration or tax reform; it appears as if all public policy matters have been classified as either liberal or conservative, thus dooming them to partisan gridlock. In reality, those of us working in government relations should recognize that public policy outcomes must always be directed toward the greater good. For the legislation we often seek to develop affects real working people each and every day.

The challenges currently facing our country and this Congress are complex and go beyond simple partisan talking points. As public policy advocates, our commitment must be to advance workable solutions which transcend the all too prevalent political tone in our society. We must champion the core pillars of our profession to build coalitions and unite diverse voices to help solve these pressing challenges.

When Bryce Harlow received the Presidential Medal of Freedom in 1981, it was for, “A life spent reconciling divergent interests, serving high moral principles, and channeling the forces of public policy toward the public good.” We must follow his example and commitment to service. The issues our country faces are too great to be eternally mired by political disagreement. They represent an opportunity to serve our nation by advancing solutions that truly benefit the greater good.

Charlie Black’s Acceptance Speech

Black_WEBToday’s post comes from Charlie Black’s acceptance speech at the Bryce Harlow Foundation Awards Dinner.

In a city where pride often trumps humility, our 2013 Bryce Harlow Foundation Awards Dinner honoree Charlie Black regards Bryce Harlow as the “greatest man ever to practice our profession.”

“Bryce Harlow proved that you don’t have to be an elected official to make a big difference in public policy or in the direction of the government,” he said.  “Bryce spent the majority of his time mentoring and advising others as anonymously as he could. It was said of him that in a room this size, full of people, almost every one of them had received advice from Bryce Harlow and none of them knew it about the others.”

Mr. Black listed six characteristics that Bryce Harlow himself deemed to be invaluable to a lobbyist: Integrity, willingness to work hard, adaptability to change, humility and perspective, and understanding of the processes of government and the ability to assimilate details. Mr. Black specifically focused on humility, saying it is the hardest to achieve.

“It’s about your company, your industry, your client, the thousands of employees and potential employees and consumers that you represent,” he said. Understate your role and lift up your client; lift up your business.”

We were pleased to honor Mr. Black at our Bryce Harlow Foundation Awards Dinner because of his proven dedication to the advocacy industry.

Senator Mark Warner’s Acceptance Speech

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Today’s post comes from Senator Mark Warner’s acceptance speech at the Bryce Harlow Awards Dinner. 

At the Bryce Harlow Awards Dinner on April 16, honoree Senator Mark Warner urged guests to practice bipartisanship in politics and to reach out to the other side of the aisle.

“As a former business guy, I always thought it was strange, as I went into politics, to think that people in politics would suddenly decide that they divide the room into red and blue and say, ‘I’m only going to take ideas from this side of the room and not from that side of the room,’” he said.

Senator Warner specifically cited the issue of both debt and deficit as an area where a bipartisan approach is necessary. He directly appealed to the guests to find someone with differing views and discuss these issues.

“We will not be destroyed from outside; we can only be destroyed if we are unwilling to step up and take responsibility of paying our bills and making sure our country’s fiscal path and balance sheet is set on the right path,” he said.

Senator Warner’s call for both sides of the aisle to work together is one that Bryce Harlow himself championed, which is one of the many reasons we were pleased to honor Senator Warner at our awards dinner.

I’m a Lobbyist and Proud of It!

Last week the Public Affairs Council sponsored a great workshop called, “I’m a Lobbyist and Proud of It!” Picture a super hero, complete with cape, as the face of a profession that’s all too often misunderstood or simply the scapegoat for all that’s wrong with Washington.  Sounds absurd but just like the life of a super hero, lobbying is hard work built on the knowledge that you subscribe to best practices and your reputation is beyond reproach.

It’s commonly understood that lobbyists are in the information business but it doesn’t stop there. Information must be clearly and concisely communicated and messaged in a way that never compromises the facts.   Lobbyists don’t write the laws, but the lawmakers who do rely on information that demonstrates value to their stakeholders, i.e. their constituents, and it’s important to be clear how the issue being communicated serves the public good.

Other strategies that build success include strategic planning and on the flip side, the ability to be nimble – always prepare alternatives.  The political landscape poses challenges, so understanding it and translating it back to the home office is critical.  Take the long view and don’t get drawn into partisan battles.  Relationships are more important than ever but they have to be meaningful, not just transactional.  And finally, a word about the LDA and HLOGA:  Proud lobbyists know the rules, follow them, and thoughtfully complete the required reports, no matter how burdensome.

One of the speakers said, “The harder you work, the luckier you get.”  Successful lobbyists love what they do because a day in the life of a lobbyist is so unique and challenging.  Without question, the best lobbyists are proud of the organizations they represent and understand that credibility is built over time and can be lost in an instant.  So how do we translate all of this to the rest of the world?  Probably by example, so best to leave your cape at home.

Large Regulation With Extra Unintended Consequences

The next time you order a pizza, try to imagine how many combinations of toppings, crust, and cheese are possible. If you think it’s astronomically high, you’re exactly right – it’s actually over 34 million (according to Domino’s who helpfully did the math). Now consider a provision within the Affordable Care Act that requires chain restaurants to feature detailed breakdowns of ingredients and calories in each possible variation of fresh made foods.

Do individual Papa John’s and Domino’s locations have room for 34 million signs for each pizza combination? If they did, would anyone even see them? The vast majority of their customers get their pizza delivered.

While the intent of these new regulations – aiding consumers in making more healthy dietary choices – is admirable, the unintended consequences are potentially disastrous, particularly if they were extended to related industries like supermarkets and convenience stores as the FDA is now attempting to interpret.

The Food Marketing Institute (FMI), who advocates in Washington on behalf of its 1,500 food retailers and wholesalers, argues strongly that the menu labeling law does not regulate grocery stores and that a law written for chain restaurants shouldn’t be applied to them. FMI estimates that costs associated with supermarkets’ compliance with the new regulations would exceed $1 billion, including nutrition analysis of each item, developing corresponding menu boards and signs, store-level training, and record keeping.

Erik Lieberman, counsel for FMI, explained the potential effect on grocery stores in a recent interview with the Washington Examiner:

“Consider just one fresh-baked blueberry muffin. If one is sold, you need a nutrition sign or sticker. If a half dozen are sold, a different one is required. Same if you sell a dozen.”

Thankfully, professional advocates and a bipartisan group of legislators are bringing some common sense to this process with the introduction of the appropriately named “Common Sense Nutrition Disclosure Act of 2012”. The House bill and its Senate companion would amend the current regulation to allow for sensible solutions like allowing restaurants to provide nutritional information on the Internet – not in 34 million signs.

In the policy making process, good intentions often have unintended consequences and professional advocacy plays a critical role in ensuring common sense in the end.

Lobbying On the Edge

The ‘fiscal cliff’ – automatic tax increases and spending cuts set to take effect on January 1st, 2013, isn’t just dominating the news, it’s top of mind for lobbyists as they work with lawmakers during the lame duck session to help avoid potentially devastating economic effects.

While there is still much disagreement on exactly how to step back from the “edge” of the fiscal cliff, there is near consensus on all sides that it must be avoided.  If not, many economists fear the combination of $500 billion in tax increases and blunt spending cuts could pull the already fragile U.S. economy back into recession.

Nearly every industry and interest group would be affected.  For their part, business leaders continue to urge President Obama and congressional lawmakers to find the quickest possible resolution.  Some, like Morgan Stanley Chief Executive James Gorman, have even taken the unusual step of asking their employees to join in the lobbying effort to avoid the cliff by contacting their members of Congress.

Understanding that business will play a significant role in the negotiations, President Obama is scheduled on Wednesday to speak to the Business Roundtable, an advocacy organization comprised of chief executives of leading U.S. companies.  Business leaders and many Republicans on Capitol Hill have stated their desire to extend the current tax rates for all Americans through 2013, something the administration doesn’t support.

As the January deadline approaches, we are presented with a prime opportunity for quality professional advocates to help bridge the divide between the White House and Capitol Hill and find a solution that eases uncertainty and promotes a stronger, healthier economy.

Cyber Monday Trending on Capitol Hill

Big sales aren’t the only thing attracting lots of attention to the busiest online shopping day of the year. A broad coalition of businesses and lawmakers are working to advance legislation during the lame duck session that would make this the last year Cyber Monday shoppers largely avoid paying sales taxes on their purchases.

The Hill reports:

Under current law, states can only collect sales taxes from retailers that have a physical presence in their state. People who order items online from another state are supposed to declare the purchases on their tax forms, but few do.

The Marketplace Fairness Act (MFA), authored by Sens. Dick Durbin (D-Ill.), Mike Enzi (R-Wyo.) and Lamar Alexander (R-Tenn.), would empower states to collect taxes on online purchases. The bill exempts small businesses that earn less than $500,000 annually in out-of-state sales.

The National Retail Federation, which advocates for millions of retailers of all sizes, has come out in strong support of “sales tax fairness”. From the NRF Retail Means Jobs website:

It’s time to level the playing field so all retailers — no matter which channel they sell in — can remain competitive. While a number of states have passed their own legislation attempting to address the issue, NRF believes the solution to sales tax collection must be mandated by federal law; be fair and apply to all sellers; and be flexible enough for states to adopt and sellers to comply.

 

Those opposed to the legislation including ecommerce giant eBay Inc. cite concerns that MFA will actually raise taxes and further complicate the tax code and burden on small businesses in particular:

eBay believes that including a robust small business exemption in any Internet sales tax bill is critical to ensuring small businesses play an important role in the Internet marketplace. Therefore, eBay Inc. opposes any attempts by Congress to pass legislation that does not include robust protections for small businesses across the country.

According to research firm comScore, Cyber Monday sales will hit $1.5 billion in 2012 , up 20 percent from 2011, so it’s clear there’s a great deal at stake and advocates from both sides of the issue will working hard to make their case before lawmakers and staff on Capitol Hill. If you’d like to take a break from shopping to show your support for either side of this issue, you’ll find NRF’s grassroots advocacy page here, and the corresponding eBay effort here.

What do you think? Should Congress enact a national Internet sales tax? Tell us why or why not in the comments below.

Giving Thanks For Advocacy

This week as we gather with family and friends to celebrate all we have to be thankful for, take a moment to consider how fortunate we are as a nation to have knowledgeable, experienced professionals working together with elected officials to produce sound public policy. That’s right – be thankful for lobbyists.

No, we’re not kidding.

Yes, advocacy as a trade, and lobbyists in particular, have long played a popular villain in the media and on the campaign trail, and like any industry there are ample bad actors that can be used to support that narrow view. The facts are far less sinister though: professional advocates play a critical role in our government, one that affects nearly every aspect of our daily lives, and even holidays.

However you decide to travel to your destination this Thanksgiving, local and federal lobbyists have played a role. Advocates have fought to modernize your roads and keep the planes you fly in safe.

When you’re at the local supermarket picking up this year’s turkey and other foods that make this holiday so delicious, consider the men and women working for the farmers, the transporters, the grocers, and the consumers to ensure your food is safe, affordable, and plentiful.

Even as you doze off on the couch with one eye on the football game, advocates play a role. They’re working for the NFL, the players, the cable providers, and many others, to produce the product we enjoy every week.

All of this is possible because of the fundamental right as Americans to petition our government. Whether you’re a seasoned professional advocate or a concerned citizen, the First Amendment to the Constitution guarantees your right to be a lobbyist.

That’s something we can all be thankful for.