NRA slashed spending on federal lobbying amid legal troubles

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Following years of legal setbacks, internal strife and declining revenue, the National Rifle Association reported spending $540,000 in federal lobbying spending during the first quarter of 2024 — the least amount of money the group has spent at the start of a year since 2009, according to lobbying disclosures reviewed by OpenSecrets. Last year, the preeminent gun rights group spent $2.3 million, a near-record low.

In February, a New York jury found former NRA CEO Wayne LaPierre liable in a civil trial for misusing millions of dollars of the organization’s money to pay for his lavish lifestyle, including exotic getaways and trips on private planes. LaPierre resigned as executive vice president and CEO on the eve of the trial.

Five years ago, the New York State Attorney General’s office launched a probe into the nonprofit after an investigation by The Trace, a newsroom that reports on gun issues, exposed self-dealing at the organization.

As the NRA’s legal troubles mounted, NRA revenue fell 40% from $352.6 million in 2018 to $211.3 million in 2022, the lowest in ten years, tax records show. At the same time, the organization nearly doubled the amount of money it spent on legal expenses.

The NRA’s federal lobbying spending peaked at $5.1 million in 2017 but then dropped off to $2.2 million in 2020, a 10-year low as the COVID-19 pandemic brought Washington to a standstill. When President Joe Biden entered office in 2021, the NRA ramped up spending to $4.9 million but quickly cut back to $2.6 million in 2022.

That year, Congress passed the most significant federal gun safety legislation in decades after a gunman killed 19 fourth-graders and two teachers at an elementary school in Uvalde, Texas. Signed into law on June 25, 2022, the Bipartisan Safer Communities Act expanded background checks, closed loopholes in federal gun laws and funded community-based violence prevention programs and mental health services. Twenty-nine congressional Republicans backed the bill, defying the NRA and other gun advocates.

The NRA also cut back on lobbying in state capitols, OpenSecrets found. Spending by the organization fell nearly 65% from a record-high of $1.3 million in 2020 to $458,000 in 2023 across the 19 states that release meaningful data on lobbying expenditures.

What all this means for the organization as it emerges from the scandals of the last few years remains unclear. The NRA did not respond to requests for comment but longtime watchers of the organization told OpenSecrets that the nonprofit will likely remain a powerful force in American politics, at least in the near future.

Though the NRA is losing revenue, shedding members and spending far less to influence federal policy than in previous years, the NRA remains one of the most powerful and well-funded groups within the gun rights movement. The National Shooting Sports Foundation, the firearm industry’s largest trade association, and the Gun Owners of America are the only gun rights groups that have spent more than the NRA on federal lobbying since 2021. But these groups represent smaller and more niche factions than the 150-year-old NRA, experts said.

“I don’t think there are any groups that are in a position to really build a level of relevance that would rival that of the NRA,” Matt LaCombe, a politics professor at Case Western Reserve University, told OpenSecret. LaCombe is the author of Firepower: How the NRA Turned Gun Owners into a Political Force. “These groups have had opportunities to grow during this period, and they probably have grown at the margins. But the NRA is just so much bigger.”

Robert Spitzer, a political scientist and the author of six books on gun policy, said no other group has managed to attract the same level of support.

“The single most important thing to understand about the NRA in terms of its influence politically is its grassroots base of support,” Spitzer told OpenSecrets. “Its membership is highly motivated and mobilizable, and they will do things in politics to a degree of activism that the typical American does not.”

The NRA also continues to spend about as much on lobbying as all gun control advocates combined, OpenSecrets found. Groups including Everytown for Gun Safety, Sandy Hook Promise, Giffords and the Brady Campaign collectively spent about $2.3 million on federal lobbying in 2023 — roughly as much as the NRA. In the first three months of 2024, gun control advocates outspent the gun rights organization by just $40,000.

Protecting gun rights is to some degree “baked into Republican politics,” LaCombe added. The NRA has been closely aligned with the GOP for nearly 50 years, and it has successfully made opposing and even loosening restrictions on gun ownership a linchpin issue within the party, even though public opinion polls show a majority of Americans support stricter firearm regulations.

Ian Vandewalker, a senior counsel for the Brennan Center’s Elections and Government Program, told OpenSecrets that issues are “so well sorted from a polarization perspective” that the gun lobby doesn’t have to endorse or back a Republican candidate financially to know that they will be reliable on gun rights.

Despite some recent setbacks at the federal level and in left-leaning states, the gun rights movement has been largely successful at loosening state restrictions on gun ownership in most of the Deep South and Midwest. Since Biden entered office in 2021, 13 states have enacted NRA-backed measures eliminating the need to obtain a license to carry a concealed firearm. Earlier this year, Louisiana and South Carolina became the 28th and 29th states, respectively, to repeal permit requirements.

Gun advocates also stymied efforts by Uvalde families last year to raise the minimum age to buy a semi-automatic assault rifle in Texas from 18 to 21 years old. Instead, Texas state lawmakers approved a safety bill requiring an armed guard at every school. They also passed three NRA-backed bills, including a measure to prohibit local governments from requiring gun owners to purchase liability insurance.

And efforts are underway to undercut the Bipartisan Safer Communities Act. On May 15, Sens. John Cornyn (R-Texas) and Thom Tillis (R-N.C.) — who helped negotiate the landmark bill — joined 43 of their Republican colleagues on a resolution to strike down a regulation created under the law. The new rule, which Cornyn called a “flagrant distortion of congressional intent,” would expand the number of gun sellers required to run background checks, closing a loophole that allowed tens of thousands of weapons to be sold by unlicensed dealers to buyers who may not have been legally permitted to purchase a firearm.

Days later at its annual convention in Dallas, the NRA endorsed former President Donald Trump, no stranger himself to legal troubles. During his convention speech, Trump vowed to roll back gun safety regulations enacted under Biden.

TikTok’s last dance? The lobbying showdown over the app’s future in the U.S. continues

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After an expensive lobbying blitz, Congress passed and President Joe Biden signed into law a sweeping foreign aid package that includes a provision barring TikTok from operating in the U.S. if the video-sharing app’s China-based parent company, ByteDance, doesn’t sell its stake in the platform within a year.

ByteDance’s federal lobbying spending reached nearly $2.7 million in the first quarter of 2024, the most it has ever spent during the first three months of any year. It is also more than the video-sharing app spent on lobbying any prior quarter, with the exception of the third quarter of 2023. The jump follows a year of record lobbying totaling over $8.7 million in 2023 amid increased scrutiny of the video-sharing platform’s ties to China.

Since kicking off its influence operations in 2019, ByteDance has spent more than $23.9 million on federal lobbying, a new OpenSecrets analysis found.

The largest sum ByteDance spent during the first quarter of any prior year was nearly $1.6 million last year, when the platform went on to set a new record for lobbying spending.

While TikTok maintains dual headquarters in Singapore and Los Angeles, it has faced increased scrutiny for being wholly owned by Beijing-based ByteDance due to national security concerns. After the bill’s passage by the Senate on Tuesday, FBI Director Christopher Wray reiterated those concerns during an interview with NBC News, warning that “TikTok’s parent company is beholden to the Chinese government.”

For years, U.S. officials have expressed concerns about TikTok amid speculation that Chinese government actors may have access to the personal data of its more than 170 million U.S. users. TikTok has refuted allegations of spying on Americans.

After BuzzFeed News reported that ByteDance employees repeatedly accessed private data about American TikTok users, the company sought to distance itself from China by working with Austin-based software giant Oracle to stop storing American user data in China.

The Justice Department and FBI launched a criminal investigation into allegations of ByteDance surveilling American journalists in 2023, which is reportedly ongoing.

As allegations against TikTok mount, policymakers have struggled with weighing the potential national security risks posed by the app against the constitutional issues and backlash a ban could raise.

By including the TikTok provision in a bill to provide $95.3 billion in foreign aid amid escalating conflicts in Israel, Taiwan and Ukraine, congressional proponents were able to move the legislation further than previous proposals.

But the fight is far from over with TikTok already planning a legal challenge to the law on First Amendment grounds, and the infrastructure advocating for the video-sharing app’s interests in the U.S. goes far beyond K Street lobbyists — from megadonors to online influencers.

Trump’s TikTok flip-flop

The final iteration of the bill gives TikTok nine months to divest before facing the ban. An earlier version of the legislation passed by the House in March gave TikTok six months, which would have forced ByteDance to divest TikTok or stop U.S. operations before Election Day.

Since that divestiture deadline falls in 2025 and is extendable to a year by the president, the longer time frame also means whoever is elected in November will have the ability to decide whether to give TikTok more time.

Former President Donald Trump posted on his social media platform, Truth Social, on Monday accusing Biden, his opponent in the 2024 presidential election, of being “responsible for banning TikTok.”

The post also accused Biden of wanting to shut TikTok down to “help his friends over at Facebook become richer and more dominant, and able to continue to fight, perhaps illegally, the Republican Party,” though he provided no evidence to support that statement. Trump has a history of making disproven claims about the social media platform.

Trump’s position on TikTok has evolved since his presidency, when he issued an executive order prohibiting all transactions with TikTok’s parent company for national security reasons. The former president also stated that a ban on TikTok would mean further success for Meta and Facebook, a company he clashed with repeatedly during and after his presidency.

Meta, the parent company of Facebook and one of TikTok’s top competitors, also set a new record in the first quarter of 2024 with federal lobbying spending totaling $7.6 million.

Federal lobbying disclosures don’t specify whether Meta lobbied directly on legislation to crack down on TikTok but the Silicon Valley-based social media behemoth has a history of quietly countering the video-sharing app. In 2022, a Washington Post investigation revealed that Meta had paid GOP consulting firm Targeted Victory as part of a campaign to promote disproven stories about alleged TikTok trends that actually originated on Facebook by placing op-eds in major news outlets and enlisting political reporters as well as local politicians to help.

“As far as TikTok is concerned, we’re banning them from the United States,” Trump posted on Truth Social in 2020.

Trump’s reversal on TikTok comes weeks after GOP megadonor Jeff Yass, a major TikTok investor, reportedly met with the former president at Mar-a-Lago.

Yass’ global quantitative trading firm, Susquehanna International Group, was one of ByteDance’s first major backers. The firm currently owns roughly 15% of ByteDance, a stake worth about $40 billion. Yass’ personal share is 7% of that, worth about $21 billion — accounting for a significant chunk of Yass’s net worth, according to the Financial Times.

In April, sealed court documents inadvertently released by a Pennsylvania court revealed that Susquehanna International Group played an even bigger role in the company than previously known.

While the megadonor supported other candidates over Trump in the Republican presidential primary, the New York Times reported that Yass is now investing in Trump’s Truth Social platform and is expected to make “a large donation to a group supporting the former president’s political campaign.”

Days after Trump’s public condemnation of legislation to effectively ban TikTok, the former president called Yass “fantastic” at a retreat for donors to conservative advocacy group Club for Growth, of which Yass is a major funder.

Club for Growth, a major player in contested Republican primaries, has advocated against legislation to clamp down on TikTok and reportedly warned that it will give Republicans who vote against TikTok’s interests in Congress a worse score on its annual scorecard. Yass has contributed $16 million to Club for Growth’s super PAC during the 2024 cycle through the end of March – accounting for nearly half of the super PAC’s total contributions, OpenSecrets’ analysis found.

The Club for Growth super PAC’s most recent monthly campaign finance report, filed April 20, indicates Yass accounted for $4.5 million of the $7.8 million it received. Other conservative and libertarian groups benefiting from Yass’ largesse have advocated against cracking down on TikTok as well, CNBC reported.

But Yass is not the only one who stands to lose if TikTok is banned in the U.S.

Chinese Embassy officials met with congressional aids to lobby against the bill, according to Politico, spurring outrage from members of Congress on both sides of the aisle who widely construed the meetings as confirmation of TikTok’s importance to China.

While the meetings reportedly included discussions about legislation to force a sale or ban of TikTok, a spokesperson for the embassy told Politico the activities were “not about lobbying for a single company, but about whether all Chinese companies can be treated fairly.”

The Chinese Embassy has no foreign agents currently registered to lobby under the Foreign Agents Registration Act but any activities that diplomats and consular officials engage in as a part of their official functions are not legally required to be disclosed under FARA’s diplomatic exemption.

Oracle, a multinational software company currently headquartered in Austin, Texas that is housing TikTok’s U.S. data, also sent its top lobbyists to meet with Senate aids regarding the bill, CNBC first reported. During the first quarter of 2024, Oracle’s lobbying reached $2.4 million, a decrease from every quarter during the past year. Federal lobbying filings do not divulge whether Oracle lobbied for or against the bill, though the company stands to lose one of its largest customers should the ban take effect.

Ads fuel TikTok fight

The showdown over TikTok’s fate has also played out in advertising.

Starting in March, TikTok leveraged its own platform to send push notifications urging users to call their representatives to “stop a TikTok shutdown.” TikTok’s attempt to activate its users spurred a flood of angry calls to Congress.

But lawmakers expressed frustration with the overwhelming influx of calls from angry constituents and voiced concerns about TikTok’s power over its users, leading the effort to backfire, similar to how both sides of the aisle widely viewed the Chinese Embassy’s lobbying as confirmation of TikTok’s value to China.

TikTok has spent millions more on television and digital ads pushing back on legislation that could ban its U.S. operations. AdImpact has tracked $4.5 million in advertising spending by TikTok fighting the legislation this year alone, with $2.5 million of that since March.

That month, TikTok bought millions of dollars in airtime in Montana, Nevada, Ohio, Pennsylvania and Wisconsin — all battleground states represented by vulnerable Democrats. The ads do not explicitly advocate for or against candidates, instead highlighting the possible consequences of banning TikTok in the U.S.

“Think about the five million small business owners that rely on TikTok to provide for their families,” a purported TikTok user says in the ad.

Some groups have also spent on advertising and lobbying to support the legislation to crack down on TikTok.

State Armor Action launched what they describe as a “multimillion-dollar ad campaign” urging a crackdown on TikTok in March and reported spending another $50,000 on lobbying related to “foreign adversary-controlled applications.”

The nonprofit, which does not disclose its donors online and did not respond to a request for comment prior to publication, was created in September 2023 and also operates as the “TikTok Coalition.”

Its “TikTok is the CCP” campaign has spread in online advertising and on television, spurring a cease and desist letter from TikTok, according to Federal Communications Commission filings reviewed by OpenSecrets.

An initial letter dated March 22 details what TikTok’s lawyers describe as “false claims intended to harm TikTok,” taking issue with the description of TikTok as “Chinese owned” and statements describing Zhang Fuping, the vice president and editor-in-chief of ByteDance’s Chinese operation, as an “editor of TikTok,” and a “top Chinese Communist” who “controls what 170 million Americans think.”

FCC records indicate that State Armor Action’s ads were slated to run through at least April 29.

In a follow-up letter dated March 28, TikTok’s lawyer indicates that the initial ads were removed and replaced by updated ads with slightly adjusted language clarifying that Zhang is the “editor of TikTok’s parent company.”

The letter emphasizes that Zhang is not employed by TikTok or ByteDance, which is a privately-held global holding company. Instead, the letter details that Zhang is employed by an “indirect subsidiary of ByteDance” that is part of the “Douyin Group (HK) Ltd.,” which is registered in Hong Kong, emphasizing that Zhang “supports businesses that operate only within China.”

Douyin is the Chinese version of TikTok, which is only accessible outside of the country. Both video-sharing apps operate under the umbrella of ByteDance.

According to TikTok lawyers’ letter in FCC records, TikTok Inc. is incorporated in California and wholly owned by TikTok LLC, a Delaware limited liability company that is wholly owned by TikTok Ltd., a Cayman Islands company, and the ultimate parent company is ByteDance Inc.

TikTok and ByteDance did not respond to requests for comment prior to publication.

Republican candidates outpace Democrats in self-funding campaigns

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Self-funded Republican congressional candidates outpaced and outnumbered their Democratic counterparts in 2023, an OpenSecrets analysis found. Thirty-six Republican candidates poured more than $53.5 million of their personal fortunes into their campaigns, while 14 Democrats self-funded over $39 million.

Altogether, candidates poured nearly $94 million into self-funding their campaigns in 2023, according to reports available through Feb. 22. This is slightly less than the $118 million that candidates had self-financed at the same point in the 2022 election cycle.

While Republicans collectively spent more on their own campaigns than Democrats, the candidate who steered the most money into his campaign was a Democrat. Rep. David Trone (D-Md.), the owner of liquor retailer Total Wine & More, steered $23.2 million into his U.S. Senate campaign in 2023 — virtually all the money he reported raising that year.

“He will be the only U.S. Senator who has never taken a nickel from PACs or lobbyists — giving him the independence to fight for what truly matters,” a campaign spokesperson told OpenSecrets. “David is the only candidate in the primary or general election who refuses to accept contributions from PACs, lobbyists, or other special interests. That gives him the freedom to travel to every corner of the state, listening to voters and understanding their concerns.”

Trone currently serves as a representative for Maryland’s 6th Congressional District, but he is gunning for the state’s open Senate seat in 2024.

Challengers and candidates in open seats also spent more of their money on campaigns than incumbents — $83 million to $10.9 million during the 2024 election cycle.

When incumbent candidates self-fund their own campaigns, they tend to fund a smaller portion of it. While incumbents who self-fund finance, on average, 46% of their campaign funds, challengers and candidates running in open seats finance 73% and 85% of their campaigns, respectively.

Non-incumbents have led the way in self-financing, as 47 reported contributing to their campaigns, compared to four incumbent candidates. Republican candidate Matt Dolan is the highest self-funded challenger as he runs for a seat in Ohio’s Senate race against incumbent Sen. Sherrod Brown (D-Oh.). Dolan, a lawyer, comes from a rich family that acquired its wealth by investing in cable television. Forbes ranked the Dolan family as America’s 54th richest family in 2015.

The only incumbent candidate at the top of the self-funding charts was Sen. Rick Scott (R- Fla.). Although he is one of the highest self-funders, he is also one of the lowest spenders in terms of the rest of his campaign. Scott self-funded 42% of his campaign, contributing $7.8 million of the $18.6 million he reported raising for his reelection. He is notably one of the richest members of Congress, obtaining his wealth after founding the Columbia Hospital Corporation in 1988. The company would later merge with the Hospital Corporation of America, becoming the largest for-profit hospital chain in the country.

Male self-funded candidates also outnumber female self-funded candidates by more than 5 to 1. Female candidates self-funded just over $7 million in 2023, whereas male candidates made up the remaining near $87 million.

The Center for American Women and Politics has partnered with OpenSecrets on a series of reports examining the gender gap in the finances of politics at the state and federal level. They have found that at the state level, female candidates are less likely to self-fund compared to male candidates and attribute this disparity to differences in personal wealth.

“In general, women earn less than men, so gender earnings have consequences in politics,” Kira Sanbonmatsu, senior scholar at CAWP, told OpenSecrets. “We have been interested in learning about that statistic because of what we know about gender differences in the economy.”

The most self-funded female candidate was Republican candidate Kelly Daughtry in her campaign for the open seat representing North Carolina’s 13th Congressional District. An attorney, Buckhout has self-funded 96% of her campaign, channeling just over two million dollars into her candidacy.

In December, the Federal Elections Commission approved new rules allowing candidates to receive a salary from campaign funds — a move advocates said will lower financial barriers for working-class candidates, especially women and people of color, to fairly compete against wealthy opponents.

Although Congress is currently more diverse than it has ever been, women and people of color still make up less than one-third of lawmakers, according to the Pew Research Center. A majority of lawmakers are also millionaires.

NFL reports lobbying spending increase ahead of Super Bowl LVII

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As the National Football League prepares for the Super Bowl LVIII, year-end reports show that the league continues to lead the recreation and live entertainment industry in federal lobbying spending. The NFL’s $1.46 million in 2023 federal lobbying spending exceeded its prior year lobbying spending, up from $1.33 million in 2022.

The San Francisco 49ers and Kansas City Chiefs are scheduled to play in Super Bowl LVII February 11 at Allegiant Stadium in Las Vegas. Neither team had recorded lobbying data in 2023. Super Bowl viewership has been on the rise since 2021, hitting a record 115 million viewers last year. Each year, the Super Bowl is the most-watched television event, with the NFC Championship between the Detroit Lions and the 49ers reaching a whopping near 56 million viewers.

Frequently followed by Major League Baseball, the NFL has led the industry in federal lobbying spending for over a decade.

Several individual NFL teams also pay their own lobbyists, notably the Washington Commanders. In 2023, the team spent $240,000 on federal lobbying expenditures, less than half of the $580,000 spent in 2022. The team recently acquired new ownership under the investment group of Josh Harris in July, taking over Dan Snyder’s previous role.

Of the 30 lobbyists working directly for the NFL, 23 had “revolving door” profiles, meaning that they have previously held jobs in government.

The NFL lobbied on three bills last year, none of which have been passed.

One bill endorsed by the NFL was the Personal Health Investment Today Act of 2023. The legislation, also known as the PHIT Act, has been introduced into both chambers and would allow athletes to use a portion of their pre-tax health savings account and flexible spending account on qualified fitness expenses.

The NFL also endorsed the Access to AEDs Act, which also has been introduced to both chambers. The legislation would award grants to lower educational institutions for increased heart defibrillator access. Automatic external defibrillators, also known as AEDs, are crucial to respond to sudden cardiac arrest. In January 2023, Damar Hamlin, a football safety for the Buffalo Bills, collapsed from sudden cardiac arrest on live television during a game, but was administered proper care through AEDs and CPR that led to his full recovery. He has since spoken on Capitol Hill advocating for access to AEDs in schools to help student athletes who might suffer the same fate.

A third bill supported by the NFL, the Safeguarding the Homeland from the Threats Posed by Unmanned Aircraft Systems Act of 2023, would regulate government counterattacks to drones. It would expand the federal government’s ability to reauthorize existing authorities and create new opportunities for federal agencies to coordinate counter-drone measures at the state and local level. The NFL supported both the House and Senate companion bills.

“This common sense, urgently needed legislation would more effectively protect our homeland – including mass gatherings and critical infrastructure – from the serious and rising security risks posed by rogue drones,” NFL Chief Security Officer Cathy Lanier said in a statement on the bill’s introduction in June 2023. “Keeping fans safe at our games is our top priority, and this legislation would give local law enforcement the tools they need to protect our fans from the threats of illicit drone use. We call on Congress to enact this vital legislation as soon as possible.”