Understanding Ethics: A New Ethics Bill for You

The First Amendment of our Constitution gives us the right to petition our government, and we need to do this to make sure our representatives meet our needs between elections. Petitioning means not only making requests, but also informing, appealing to, and convincing legislators of our cause. When we band together with others who want what we want, we create “special interest groups,” a term that often carries a negative connotation, but at its most basic, it represents a fundamental democratic right. Since issues, interests, and Capitol Hill are complex, special interest groups often hire professional petitioners or lobbyists, whose analyses and expertise are essential to legislators as well. But when legislators and lobbyists get too close, abuses can occur, so Congress passed a new bill to encourage ethical lobbying and earmarking. For more on the promises that parties and politicians make, and the trade-offs that they face to keep them, listen to our radio show Congress Watch: Cave - in or Competence?

The new ethics bill - Transparency

Much of the aim of the new ethics bill is greater transparency, so the public can see with more clarity just how lobbyists are influencing Congress. In theory, this transparency will encourage lobbyists and lawmakers to do the right thing. “Bundling”

The legislation requires lawmakers to report small campaign contributions that are “bundled” by lobbyists. Gifts, travel, and meals from lobbyists are banned, and representatives have to disclose lobbying activities quarterly instead of semi-annually.

Earmarks

Lobbyists petition for earmarks as well. An earmark is a chunk of federal money that is reserved for a state or local project. Sounds ok, right? No Congresswoman ever lost an election because she brought some money home to her community. And political parties use them too, as part of a coordinated political or electoral strategy. The coordinated use of earmarks is also one way for Congress to limit the administration's discretionary spending and control over government agencies. But here’s the debatable part: instead of introducing the money appropriation as a separate bill or amendment that can be openly debated, legislators often reserve the money needed through a line item in a large funding bill. That way, no one debates the appropriation, and most don’t even see it, and earmarks stop being ethical. Led by Nancy Pelosi, Democrats made earmark reform a priority of their first 100 hours in Congress. The new ethics bill prevents special projects or, earmarks, from slipping into bills undisclosed. It requires these earmarks and their sponsors to be posted online at least 48 hours before the vote. For more on earmarks, click here.

K Street

The ethics bill is a response to a scandal in which former Republican Congressman Bob Ney (Ohio) and former House Majority Leader Tom DeLay (R-Texas) accepted lavish gifts from former lobbyist Jack Abramoff. Both Ney and Delay resigned their leadership positions shortly after the information became public, and Mr. Ney was sentenced to 30 months in prison; the first Congressman to go to jail. Mr. Abramoff was found guilty of defrauding Indian tribal clients of millions of dollars, conspiring to bribe members of Congress and evading taxes. He was sentenced to 5 years in prison and ordered to pay restitution of more than $21 million. As a safeguard, the bill prohibits former Senators from becoming lobbyists for two years after they leave office, and representatives for one year. In addition, former congressional aides have to wait a year before lobbying their former offices.

How did lobbying evolve?

The origin of the term lobbying may come from the Presidency of Ulysses S. Grant, who would drink brandy and smoke cigars while relaxing in the lobby of the Willard Hotel where he was often approached by people seeking favors. However the Oxford English Dictionary contains references to the word "lobbyist" that date from earlier periods. In the first half of the twentieth century, lobbying intensified through technology. The telegraph, telephone and radio allowed for increased development and access. Recognizing lobbyists’ great influence, Congress worked to limit their powers. In 1928, the Senate attempted to require all lobbyists to register with the Secretary of the Senate and Clerk of the House, but the proposal failed in the House. In the late 1930s, Congress finally required registration of all company lobbyists, but independent lobbyists were not required to register until 1946, when Congress specifically defined lobbyists as any person "who by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or other thing of value to be used principally...to influence directly or indirectly, the passage or defeat of any legislation by the Congress of the United States." In the 1970s, the Watergate Scandal encouraged tighter lobbying laws, but Congress was unable to pass them,citing the First Amendment rights that protect lobbying.

What do you think?

Lobbying today is extraordinarily diverse, with special interest groups, companies, non-profits, and even churches hiring lobbyists in order to make their voices heard. Lobbying now incorporates marketing and public relations, technology, and political action committees, the latter of which funnels contributions to candidates. And our election system is, after all, funded with private money to pay for commercial advertising and campaign staff. Critics of this lobbying system say that special interest groups’ power is out of proportion to their representation in the general population. And of course, some lobbyists go too far. Do you think this bill does a good job addressing lobbying abuses? What else would you like to see it include?

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