by Wanda Hamilton

Smokers' rights advocates have discovered proof that millions of federal tax dollars are being used to fund political lobbying by anti-tobacco activists. using state and federal freedom of information acts, citizen researchers have unearthed numerous documents demonstrating that federal money is bankrolling anti-tobacco legislation in states and municipalities throughout the united states.

Though the use of tax dollars for political lobbying is against the law, officials at the National Cancer Institute (NCI) and at the Office on Smoking and Health (OSH) at the Centers for Disease Control (CDC) apparently believe that by calling anti-tobacco political lobbying "cancer prevention," the use of federal money for political purposes is justified.

Project Assist

One of the NCI's pet anti-tobacco funding projects is ASSIST (American Stop Smoking Intervention Study). Despite the term "study" in its title, ASSIST is nothing more than a way for the NCI tobacco control bureaucrats to funnel money to state anti-tobacco coalitions to fund lobbying for anti-tobacco (and anti-smoker) legislation in their home states. Their goals are higher taxes on tobacco products, state and municipal smoking bans, and the abolition of tobacco product advertisements. Approximately $135 million is being spent by the NCI on project ASSIST. Currently 17 states have contracted with the NCI to receive ASSIST funds. They are: Colorado, Indiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New Mexico, New York, North Carolina, Rhode Island, South Carolina, Virginia, Washington, West Virginia and Wisconsin.

Though ASSIST directors deny that federal money is being used for political lobbying, internal documents from state departments of health and anti-tobacco coalitions prove otherwise.

In Minnesota, smokers' rights activists helped the Minnesota Grocers' Association uncover documentation that ASSIST funds had been distributed to anti-tobacco groups for the purpose of "lobbying activities to influence state and local officials to adopt tobacco-related legislation," according to an association letter to Governor Arne Carlson.

In New York an internal Tobacco-Free Action Coalition (TFAC) memo of September 27, 1995 states: "As of September 30, 1995 ASSIST funds will no longer be able to be used to contact members of Congress," a direct admission that federal funds were being used to lobby at the federal level.

The same document continues with: "the coalitions should continue to support any tobacco legislation bills that are proposed." And in boldface: "Enclosed please find a card to the FDA (Food and Drug Administration) regarding your support of their efforts to control the sale, distribution and marketing of tobacco products in this country." The TFAC minutes go on to state: "President Clinton's recommendation to the Food and Drug Administration to regulate the tobacco market deserves our fullest support.

Enclosed are letters to your legislators for your support."

ASSIST Doublespeak

A February 5, 1996 letter from Russell Sciandra, Director of the Tobacco Control Program of the New York Department of Health, the state ASSIST headquarters, begins: "I am very pleased to be writing to you with new information regarding limitations on policy advocacy activities by local coalitions." Policy advocacy activities is ASSIST doublespeak for lobbying. The purpose of Sciandra's letter to ASSIST coalition project directors and contacts was ostensibly to clarify recent changes that "appeared to prohibit the use of ASSIST contract funds for purposes of lobbying state and local elected officials." However, Sciandra goes on to report happily that "a final interpretation of the regulations by the Department of Health and Human Services (DHHS) has determined that contracts awarded prior to October 1, 1995 are not subject to [these rules] and, therefore, these regulations do not apply to contractors or subcontractors participating in the ASSIST program." In other words, if you're part of the federally-funded ASSIST program, you can use tax dollars for political lobbying.

Lest there be any misinterpretation, Sciandra goes on to state: "Costs associated with lobbying with regard to local (county, city or town) legislation are allowable ... [Anti-tobacco] Coalitions may use contract funds to communicate with elected officials or employees of county legislatures, town or city councils, etc., and with county executives or mayors regarding local tobacco control legislation. Contract funds may also be used to urge members of the general public to support such legislation and to communicate their support to local officials." In ASSIST doublespeak, communicate means, of course, lobbying.

At the state level, being financially reimbursed by the NCI for ASSIST political lobbying is a bit trickier for the anti-tobacco coalitions. According to Sciandra, "If the subcontracting agency of record is a county health department, a hospital or an educational institution...the coalition MAY (originally underlined) use contract funds to lobby state officials and to urge members of the general public to do so. If the subcontracting agency of record is an nonprofit organization...the coalition MAY NOT (originally underlined) use contract funds for such purposes." But then it's a simple matter for the coalitions to bypass this restriction by making sure that all lobbying expenses are incurred by one of the institutions which are allowed to be reimbursed by federal funds.

Lobbying at the federal level with federal money is, according to Sciandra and Department of Health and Human Services guidelines, strictly forbidden. However, immediately after informing his ASSIST colleagues that federal contract funds "may NEVER (orginially underlined) be used to influence Federal legislation," Sciandra goes on to say that costs "associated with communicating with Executive branch regarding regulations, such as the proposed FDA regulations on tobacco product marketing, are reimbursable." This is another prime example of ASSIST doublespeak: You can't, except when you do, you can.

State and Local Lobbying

In fact, the entire ASSIST political edifice is built upon lobbying and enacting anti-tobacco legislation at the state and local levels, and federal tax dollars are used to promote everything from higher state tobacco taxes to municipal smoking bans. As Sciandra's letter states: "All [anti-tobacco] coalitions may use contract funds [i.e. money from the federal government] to appropriately advocate [lobby] for tobacco control at the local level, and most may do so at the state level. Local legislation, regulation and voluntary policies are the cornerstone of our effort...Your vigorous advocacy for tobacco control is the key to our success."

Thus, using federal funds to lobby and help enact anti-tobacco legislation at the state and local levels is the real purpose of the NCI's ASSIST contracts in each of the 17 target states. While the NCI contracts directly with the state health departments, funds are also used indirectly to subcontract with anti-tobacco groups and the Tobacco-Free America Coalition (TFAC), which is a lobbying arm of the American Cancer Society (ACS), the American Lung Association (ALA) and the American Heart Association (AHA) combined. In effect, the federal government gives financial support to their lobbying efforts, and the American Cancer Society is a partner of record with the NCI in project ASSIST.

ASSIST on the Net

Indirect political funding through supposed "research" grants, federal contracts and subcontracts has become almost an art form at the NCI in its effort to promote a "Tobacco-Free America" by the year 2000. For example, in order to establish a communications link among ASSIST sites and other anti-tobacco activists, including those at the TFAC sites, the NCI specified in a contract that the Advocacy Institute be subcontracted to set up and maintain a communications center. The Advocacy Institute then established a special "tobacco control" computer communications network entitled SCARCnet.

This network enables "action bulletins" and "legislative bulletins" to be sent out to ASSIST sites and anti-tobacco groups on a daily, even hourly basis. This network is operated and maintained directly and indirectly with federal funds, and it is the chief means of communicating political action bulletins to anti-tobacco activists nationally.

ASSIST is a slick operation, and many of its activities are quasi-legal at best. Perhaps that's why NCI tries to cloak it in secrecy. Repeated Freedom of Information requests to the NCI about ASSIST have generated only scattered documents. However, smokers' rights advocates have begun turning their attention to ASSIST contractors at the state level and have found a treasure-trove of financial and political documentation which exposes the NCI project for the political monster it really is.