First Street™ Research Group - The Lobbying Behind Publishing and Textbooks
Published: September 15, 2011
The publishing industry has undergone a tremendous amount of change over the last decade. The explosion of
online publishing and ebooks has pushed the industry forward into new frontiers. The First Street Research Group examines legislation covering textbook publishing and two of the leading organizations representing the industry; the Association of American Publishers (AAP) and the National Association of College Stores (NACS).
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Since 2007:
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The AAP has spent over $3 million while the NACS has spent just around $90,000.
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The AAP has lobbied 37 different bills while the NACS has lobbied 38 different bills
- The AAP has hired 3 different outside firms to lobby on their behalf and spent $70,000 on their services while the NACS has done all of the lobbying in house.
- The AAP lobbied 16 bills since 2007.
Currently:
- The AAP is represented by 5 lobbyists 3 in-house and 2 from outside firms, including a former member of Congress who is an in-house lobbyist for the AAP.
Interesting Finds:
- In 2010 the AAP spent just over $500,000 on lobbying a decrease of $1 million from their 2007 lobbying expenses.
- In 2007 the AAP lobbied on 16 bills and in the first half of 2011 has only lobbied 3 bills.
- The keyword "ebook" or "e-book" does not appear on any lobbying disclosure forms since 2004.
- A search into our database of the word textbook revealed 19 pieces of legislation 6 of which, have recorded lobbying activity.
- Of these 19 bills, 12 were sponsored by Democrats and 3 were sponsored by Republicans.
Association of American Publishers
Amount Spent on Lobbying since 2007
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Lobbying Activity
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Total
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In-House
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Outside Firm
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2011
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$296,000
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$256,000.00
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$40,000.00
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2010
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$559,000
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$559,000.00
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2009
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$461,000
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$431,000.00
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$30,000.00
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2008
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$440,000
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$440,000.00
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2007
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$1,600,000
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$1,600,000.00
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Total
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$3,356,000
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$3,286,000.00
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$70,000.00
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Outside Lobbying Firms hired since 2007
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Name
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Filing Quarter
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Amount
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Talbert & Eitel, PLLC
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2011 2Q
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$10,000
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Talbert & Eitel, PLLC
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2011 1Q
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$30,000
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Brownstein Hyatt Farber Schreck, LLP
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2009 4Q
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$30,000
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Smith, Strong & Schlesinger LLP
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2007 4Q
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< $5,000
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Smith, Strong & Schlesinger LLP
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2007 2Q
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< $5,000
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Approximate Total Spent on Outside Firms
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$70,000
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2011 Lobbyists
Allan R. Adler (Association of American Publishers)
Thomas H Allen (Association of American Publishers)
Formerly: Representative Maine District 1
Maria Lui Simpson (Association of American Publishers)
Robert Eitel (Talbert & Eitel, PLLC)
Formerly: Deputy General Counsel - Legislative Counsel, Ethics, and Regulatory Services (Department of Education)
Kent Talbert (Talbert & Eitel, PLLC)
Formerly: General Counsel - Office of the General Counsel (Department of Education)
Bills Lobbied since 2007
112 S.968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011
112 S.193: USA PATRIOT Act Sunset Extension Act of 2011
112 S.1125: USA PATRIOT Act Improvements Act of 2011
111 S.449: Free Speech Protection Act of 2009
111 S.3804: Combating Online Infringement and Counterfeits Act
111 S.1373.: Federal Research Public Access Act of 2009
111 H.R.801: Fair Copyright in Research Works Act
111 H.R.5253: Federal Research Public Access Act of 2010
111 H.R.5037: Federal Research Public Access Act of 2009
111 H.R.4619: E-Rate 2.0 Act of 2010
111 H.R.3221: Student Aid and Fiscal Responsibility Act of 2009
111 H.R.2765: Securing the Protection of our Enduring and Established Constitutional Heritage Act
111 H.R.1304: Free Speech Protection Act of 2009
110 S.945: College Textbook Affordability Act of 2007
110 S.3464: International Intellectual Property Protection and Enforcement Act of 2008
110 S.3325: Enforcement of Intellectual Property Rights Act of 2008
110 S.2977: Free Speech Protection Act of 2008
110 S.2913: Shawn Bentley Orphan Works Act of 2008
110 S.2317: Intellectual Property Enforcement Act of 2007
110 S.2035: Free Flow of Information Act of 2007
110 S.1642: Higher Education Amendments of 2007
110 H.R.6845: Fair Copyright in Research Works Act
110 H.R.6146: To amend title 28, United States Code, to prohibit recognition and enforcement of foreign defamation judgments.
110 H.R.5889: Orphan Works Act of 2008
110 H.R.5814: Free Speech Protection Act of 2008
110 H.R.4279: Prioritizing Resources and Organization for Intellectual Property Act of 2007
110 H.R.4137: College Opportunity and Affordability Act of 2007
110 H.R.3512: College Textbook Affordability and Transparency Act of 2007
110 H.R.3189: National Security Letters Reform Act of 2007
110 H.R.3155: Intellectual Property Enhanced Criminal Enforcement Act of 2007
110 H.R.3043: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2008
110 H.R.2764: Department of State, Foreign Operations and Related Programs Appropriations Act, 2008
110 H.R.2669: College Cost Reduction Act of 2007
110 H.R.2272: 21st Century Competitiveness Act of 2007
110 H.R.2102: Free Flow of Information Act of 2007
110 H.R.1429: Improving Head Start Act of 2007
110 H.R.1201: Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007
Issues Lobbied in 2011
Constitution
•1) USA PATRIOT Act Sunset Extension Act of 2011 (S 193) - all provisions, meetings; 2) USA PATRIOT ACT Improvements Act of 2011 (S 1125) - all provisions, meetings
Consumer Issues/Safety/Protection
•1) Consumer Product Safety Improvement Act of 2008 (Pub. L. 110-314) - all provisions, meetings
Copyright/Patent/Trademark Issues
•1) Digital piracy issues - meetings; 2) PROTECT IP Act (S 968) - all provisions, meetings
•1) NIH Public Access Policy extension issues - meetings; 2) Digital piracy issues - meetings
Education Issues
•Analyze "Notice" and "Frequently Asked Questions" of Dept. of Labor's Trade Adjustment Assistance Community College and Career Training Program regarding copyright and open educational resources. Draft letter and other materials for use with Dept. of Labor officials regarding copyright and open educational resources.
•1) Trade Adjustment Assistance Community College and Career Training Grant Program (TAACCCT) - meetings
•Sought changes in H.R. 1473, the Department of Defense and Full-Year Continuing Appropriations Act, 2011, Div B, Title VIII, to the open educational resources component of the Trade Adjustment Assistance Community College and Career Training Grant Program administered by the U.S. Department of Labor.
Trade (Domestic & Foreign)
•1) Trade issues - meetings/communications
National Association of College Stores
Lobbying Spending since 2008
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Filing Quarter
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Amount
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2011 2Q
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$20,000
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2011 1Q
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$10,000
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2010 4Q
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< $5,000
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2010 3Q
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< $5,000
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2010 2Q
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$20,000
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2010 1Q
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$10,000
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2009 4Q
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< $5,000
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2009 3Q
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< $5,000
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2009 2Q
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$20,000
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2009 1Q
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$10,000
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2008 4Q
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< $5,000
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2008 3Q
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< $5,000
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Approximate Total Spent Since 2008
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$90,000
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Sole Lobbyist from 2008-2011
Richard Scott Hershman (National Association of College Stores)
Bills Lobbied since 2007
112 H.R.1: Department of Defense Appropriations Act, 2011
112 H.R.1081: Consumers Payment System Protection Act
112 H.R.4: Small Business Paperwork Mandate Elimination Act of 2011
112 S.575: Debit Interchange Fee Study Act of 2011
112 S.782: Economic Development Revitalization Act of 2011
112 H.J.RES.44: Further Continuing Appropriations Amendments, 2011
112 H.J.RES.48: Additional Continuing Appropriations Amendments, 2011
112 H.R.1: Department of Defense Appropriations Act, 2011
111 H.R.1: American Recovery and Reinvestment Act of 2009
111 H.R.4173: The Wall Street Reform and Consumer Protection Act of 2009
111 H.R.4853: Federal Aviation Administration Extension Act of 2010
111 H.R.5141: Small Business Paperwork Mandate Elimination Act
111 H.R.5660: Main Street Fairness Act
111 S.3217: Restoring American Financial Stability Act of 2010
111 S.3578: Small Business Paperwork Mandate Elimination Act
111 S.3686: Department of Labor Appropriations Act, 2011
111 S.3946: Small Business Paperwork Relief Act
111 H.R.1464: Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2009
111 H.R.2382: Credit Card Interchange Fees Act of 2009
111 H.R.2695: Credit Card Fair Fee Act of 2009
111 H.R.4575: Open College Textbook Act of 2010
111 H.R.5199: Electronic Check Parity Act of 2010
111 S.1212: Credit Card Fair Fee Act of 2009
111 S.1714: Open College Textbook Act of 2009
111 S.2851: To make permanent certain education tax incentives, to modify rules relating to college savings plans, and for other purposes.
111 H.R.3221: Student Aid and Fiscal Responsibility Act of 2009
111 H.R.4872: Reconciliation Act of 2010
111 H.R.627: Credit Cardholders’ Bill of Rights Act of 2009
111 S.414: Credit Card Accountability Responsibility and Disclosure Act
111 H.R.386: College Learning Access Simplicity and Savings Act of 2009
111 S.250: Higher Education Opportunity Act of 2009
110 H.R.2458: Universal Higher Education and Lifetime Learning Act of 2007
110 H.R.5546: Credit Card Fair Fee Act of 2008
110 S.1501: Universal Higher Education and Lifetime Learning Act of 2007
110 S.3086: Credit Card Fair Fee Act of 2008
110 S.3230: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2009
110 S.34: Sales Tax Fairness and Simplification Act
110 H.R.4137: College Opportunity and Affordability Act of 2007
Issues Lobbied in 2011
Banking
•Public Law No: 111-203 (H.R. 4173), - Dodd-Frank Wall Street Reform and Consumer Protection Act ; -Reducing credit and debit card interchange rates and unfair credit card practices. -Durbin Senate Amendment #3989 to S. 3217 Swipe Fees. -Subtitle G, Sec. 1075 of HR 4173 (as enacted). Reasonable fees and rules for payment card transactions.<br>H.R. 1081 - Consumers Payment System Protection Act of 2011 (all provisions); S. 575 - Debit Interchange Fee Study Act of 2011 (all provisions); S. Amendment 392 sponsored by Tester to S. 782 -Economic Development Revitalization Act of 2011 (S. Amendment 392)
Budget/Appropriations
•FY2011 Labor, Health and Human Services, Education and Related Agencies Appropriations (higher education funding); H.R.1 - Full-Year Continuing Appropriations Act, 2011 Department of Defense Appropriations Act, 2011 (higher education funding); HJ Res 44 -Additional Continuing Appropriations Amendments, 2011 (higher education funding); HJ Res 48 -Additional Continuing Appropriations Amendments, 2011 (higher education funding) FY 2012 Labor, HHS, and Education Appropriations (yet to be introduced) (higher education funding, Pell Grants)
Taxation/Internal Revenue Code
•Main Street Fairness Act (yet to be introduced). The need for federal sales tax fairness and simplification legislation to promote simplification and fairness in the administration and collection of state sales and use taxes.
The need for federal sales tax fairness and simplification legislation to promote simplification and fairness in the administration and collection of state sales and use taxes.
Textbook Legislation Lobbying
Since 1993 around 19 bills have been introduced that address textbooks. Of those bills 6 have recorded lobbying activity.
111 H.R.4575.IH: Open College Textbook Act of 2010
Purpose: To authorize grants for the creation, update, or adaption of open textbooks, and for other purposes.
Lobbied:
National Association of College Stores
110 H.R.3512: College Textbook Affordability and Transparency Act of 2007
Purpose: To ensure that college textbooks and supplemental materials are available and affordable.
Lobbied:
U.S. Chamber of Commerce
National Association of Independent Colleges & Universities
American Association For Justice
Association of American Publishers
American Federation of Teachers
Marquette University
110 S.945: College Textbook Affordability Act of 2007
Purpose: A bill to ensure that college textbooks and supplemental materials are available and affordable.
Lobbied:
Northwestern University
National Association of Independent Colleges & Universities
Reed Elsevier Inc.
University of Michigan
University of California
University of Washington
Massachusetts Institute of Technology
Visa, Inc.
Association of American Publishers
The University of Chicago
Association of Jesuit Colleges and Universities
University of Minnesota
111 S.1714.IS: Open College Textbook Act of 2009
Purpose: To authorize grants for the creation, update, or adaption of open textbooks, and for other purposes.
Lobbied:
American Society of Civil Engineers
University of California
Massachusetts Institute of Technology
National Association of College Stores
Association of Community College Trustees
111 H.RES.1593.IH: Supporting academically based social studies curriculum standards for the Nation’s elementary and secondary education public school textbooks.
Purpose: Supporting academically based social studies curriculum standards for the Nation’s elementary and secondary education public school textbooks.
Lobbied:
Gay, Lesbian and Straight Education Network
American Association of University Women
National Association For The Advancement of Colored People
People For The American Way
111 H.R.1464.IH: Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2009
Purpose: To require Federal agencies to collaborate in the development of freely-available open source educational materials in college-level physics, chemistry, and math, and for other purposes.
Lobbied:
American Institute of Physics
National Association of College Stores
Technology Association of America, Inc.
U.S. Chamber of Commerce
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