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Why is ASSIST covering up their lobbying (if what they are doing is so right)?ASSIST (American Stop Smoking Intervention Study) is funded with approximately $135 million taxpayer dollars through the National Cancer Institute (NCI) and the Department of Health & Human Services (DHHS). The following statement appears in the ASSIST Training Manual, dated November, 1991, "Questions and Answers", in answer to their Question #21: "Are government dollars going to be used for lobbying?" "In accordance with Federal law and regulations, ASSIST will not support lobbying for specific legislation." Seems clear enough, you think: Lobbying is defined as any attempt to influence the introduction or enactment of legislation through communication with any member or employee of an elected legislative body...or attempting to influence such activity by preparing, distributing or using publicity to urge others to take action to influence the introduction or enactment of legislation. And ASSIST is saying they won't lobby. So how to explain the following statements, contained in ASSIST mailings to members: "As of September 30, 1995 ASSIST funds will no longer be able to be used to contact members of Congress." So up til then, ASSIST funds had been used to lobby. (Addendum to minutes of New York State ASSIST coalition meeting, 9/27/95, printed on a county level ASSIST coalition's letterhead). These same minutes state: "the coalitions should continue to support any tobacco legislation bills that are proposed" specifically mentions bill #5414-A as "unacceptable"; and, in bold faced type, "Enclosed please find a card to the FDA regarding your support to their efforts 'to control the sale, distribution and marketing of tobacco products in this country'. Please mail it ..."; and, "President Clinton's recommendation to the Food and Drug Administration to regulate the tobacco market deserves our fullest support". In other words, the heck with any lobbying restrictions. "As this project matures, coalitions are becoming more and more involved in policy advocacy", states a February 5, 1996 letter on NY Department of Health letterhead, signed by Russell Sciandra, Director of the Tobacco Control Program, which is NY ASSIST state headquarters, mailed by a NY county level ASSIST coalition to members. "Policy advocacy" is ASSIST doublespeak that includes their lobbying activities, as follows: This February 5th letter was for the purpose of clarifying the recent changes that "appear to prohibit the use of ASSIST contract funds for purposes of lobbying state and local officials." Happily, Mr. Sciandra reports, these don't apply to ASSIST, according to a "final interpretation of the regulations by the Department of Health and Human Services." However, a [Federal] contractor [like ASSIST] does have some limits on the types of "lobbying activities...for which NCI will reimburse the contractor." "Federal funds may never be used to influence Federal legislation...Costs associated with communicating with the Executive branch regarding regulations...are reimbursable." To most of us citizens, this is a contradiction, because we are not attuned to the super-fine technicalities in this. Therefore, we are being mislead--a polite term for having been lied to. It gets even more arcane: "With regard to lobbying state legislators and the Governor..."If the subcontractor of record is a county health department, a hospital or an educational institution, the coalition may use contract funds to lobby state officials and to urge members of the general public to do so. But, if the subcontractor is a nonprofit 'such as the American Lung Association', it cannot use contract funds to lobby." To keep things technically legal--though, clearly not ethical by most people's standards--coalitions are advised: "Because it may sometimes be difficult to separate activities funded by your ASSIST contract from activities supported by member agencies, coalitions should excercise caution...when engaging in lobbying activities not reimbursable under ASSIST cost principles. For example, if a coalition wishes to communicate with a member of Congress regarding legislation, it should assign the task of drafting and typing the correspondance to a person not compensated by the ASSIST contract. Coalitions should consider having a separate agency or individual purchase one or two reams of coalition stationary for such purposes. The stamp on the envelope should be bought by an agency or individual not receiving ASSIST funds." How about the time ASSIST contractees spend making all these plans and arrangements? Illegal? Or just plain unethical and misleading? Mr. Sciandra writes, "What is strictly legal in this regard may not be prudent, in a public relations sense." Is he getting nervous? The letter concludes, "This news should encourage all coalitions to redouble their policy advocacy efforts." But, doesn't their training manual say ASSIST doesn't lobby? And, in Washington state, in response to a complaint filed against it, the former president of the ASSIST coalition, Randy Hurlow, is reported as saying it "has never lobbyied and never will." (Business Wire, 11/9/95), but--hold your nose--their member organizations "employ their own lobbyists...they do the lobbying [for ASSIST]; we don't need to." Signed,
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