How Ocean Lobbyists Can Help: Marine Policy Lobbying with ESP Advisors

Why Hire a Federal Advocacy Team that Specializes in the Ocean?

If you’ve been watching the news, you probably think the federal government struggles to get anything done. But DC is like the ocean; below the surface chaos are steady currents of activity that run deep. 

Engaging in DC does not mean stepping into gridlock. Controversial bills that make headlines don’t represent the whole picture. Most ocean-related bills pass with overwhelming bipartisan support.

Whether it’s securing record funding, driving key legislation, or elevating your voice in Washington, ESP Advisors makes it happen.

What is lobbying, anyway? What you need to know

Many organizations, especially nonprofits, are unsure about what lobbying means and what they are allowed to do. The good news? Just because your organization may face restrictions on lobbying doesn’t mean you can’t engage in advocacy or even hire a lobbying firm. Below, we break down the key rules and restrictions so you can navigate federal lobbying laws with confidence.

Disclaimer: This is for informational purposes only and is not legal advice. ESP Advisors is not a law firm, and we recommend consulting a qualified attorney for specific legal guidance.

What Is Lobbying?

Lobbying is any direct attempt to influence government decisions by communicating with policymakers about specific legislation, regulations, or policies. It can include meeting with lawmakers, drafting policy proposals, or encouraging others to take action on pending bills. Lobbying is legal, but different rules apply depending on your organization’s tax status, funding sources, and activities.

Lobbying Disclosure Act: Reporting Responsibilities

Under the Lobbying Disclosure Act (LDA), organizations that spend more than a certain amount on lobbying and employ individuals who spend a significant portion of their time lobbying must register and report their activities. This includes detailing expenditures, identifying who they lobbied, and outlining which issues they sought to influence. However, not all advocacy qualifies as lobbying under the LDA—general education, research, and non-legislative policy discussions often fall outside of these requirements.

IRS Rules: Nonprofit Lobbying Restrictions

Nonprofits that are 501(c)(3) organizations can engage in some lobbying, but it cannot be a “substantial” part of their overall activities. The IRS allows nonprofits to either follow a vague “substantial part test” or elect the clearer 501(h) expenditure test, which limits lobbying to a percentage of the organization’s budget. On the other hand, 501(c)(4) and (c)(6) organizations have more flexibility to lobby, as long as it aligns with their mission. However, tax-exempt organizations should be mindful that excessive lobbying could jeopardize their tax status.

Lobbying Limitations for Federal Grantees and Funders

Organizations that receive federal grants—such as universities, research institutions, and nonprofits—face additional restrictions on using federal funds for lobbying. The Byrd Amendment prohibits the use of federal funds to lobby Congress, agencies, or executive officials regarding grant awards or legislative proposals. Similarly, private foundations often place restrictions on lobbying activities by grantees. However, these limits usually apply only to grant funds, not the organization’s private resources.

Can You Hire a Lobbying Firm If You Can't Lobby?

Even if your organization is restricted from lobbying directly, you can still work with a lobbying firm like ESP Advisors. Many nonprofits, grantees, and tax-exempt entities engage outside lobbying firms using unrestricted funds. ESP Advisors can register to lobby on your organization’s behalf without the need for you or your organization to register.

ESP Advisors Can Help — Even Without Lobbying Registration

Not all government affairs work requires registering as a lobbyist. ESP Advisors offers:

• Policy Research & Analysis – Understanding legislative and regulatory landscapes

• Strategy Development – Identifying key decision-makers and engagement opportunities

• Public Education & Outreach – Sharing information without lobbying

• Coalition Building – Helping organizations collaborate for greater impact

• Messaging & Communications – Developing advocacy materials that inform, not lobby

Contact ESP Advisors today to discuss how we can help: info@espadvisor.com