Blog Posts in Lobbying and Ethics

The Problem Remains Money in Politics

 

Global Integrity, an international nonprofit organization that tracks global corruption trends, released the Global Integrity Index: 2009. The report analyzed 35 countries' ability to counter corruption, and the tools available to citizens to hold the government accountable.

"Rather than examine the 'cancer' of corruption, the Index investigates the 'medicine' being used against it — in the form of government accountability, transparency, and citizen oversight." Overall, the U.S. scored 85 out of 100, and was the second least corrupt country in the study.

According to the findings, "The Obama administration's early anti-corruption efforts focused significantly on tighter restrictions around lobbying. While certainly not harmful, there are few data to suggest that increasing the transparency around lobbying activities at the federal level is the solution to corruption challenges in the United States. Rather than lobbying, Global Integrity data point to the corrupting influence of massive amounts of money in the federal elections process as one of the core drivers of corruption in the American system."

Further, the Citizens United decision, "will likely pour fuel on the fire of political corruption in the U.S. While free speech concerns loomed large in the court's decision to overturn longstanding campaign finance controls, the practical reality is that by allowing significant new inflows of private money into the U.S. political process, the court's decision may simply overwhelm an already dysfunctional Federal Elections Commission and undermine prospects for more accountable governance."

Nevertheless, the administration earned high marks for urging federal agencies to disclose information under Freedom of Information Act requests and for the Open Government Initiative. Gary Bass, executive director of OMB Watch, in a peer review section of the document stated "it will take time for Obama to overcome a longtime pattern of secrecy that has been imbedded in the federal bureaucracy. 'The culture in government is that you typically don't give out information that you don't have to.'"

According to the report, "significant progress has not been achieved in curbing corruption at the national level in the U.S." For more information on the report and how the study was conducted, click here.

(Amanda Adams 02/23/10; 0 comments)

Webcast Thursday: The Administration's Approach to Lobbyists

 

The Washington Post reports that, "President Obama is escalating his war on K Street, proposing a series of tough restrictions a year after he first issued policies aimed at tamping down the influence of lobbyists." On Thursday, Feb. 18 OMB Watch will host a webcast where panelists will discuss a review of the administration's efforts to reform lobbying and ethics during the past year. RSVP here for the webcast.

Obama has issued some of the most stringent restrictions ever seen on employing former lobbyists in executive branch agencies and the White House. Panelists will explore questions such as whether the Obama administration has thus far been successful in reducing the influence of lobbyists in Washington; if the focus on lobbyists is the right way to root out corruption; and what it means to reduce the influence of special interests on policymaking.

Tune in to the OMB Watch webcast, "The Obama Administration's Approach to Lobbyists – A One-Year Review" on Thursday, Feb. 18 at 3 p.m. Eastern Time

Location: 2040 S St., NW, Washington, DC 20009 and live on the web There's still time to RSVP for this event!

(Amanda Adams 02/16/10; 0 comments)

President and Congress Continue to Respond to Citizens United

 

Earlier this week Norm Eisen, special counsel to the president for ethics and government reform, wrote a blog post defending President Obama's call for legislation restricting foreign corporations from getting involved in federal elections. As evidence, Eisen references news reports that discuss a lobbying campaign on behalf of subsidiaries of foreign corporations. "All of this demonstrates why the President was right to criticize the Supreme Court’s recent decision in Citizens United – and why he is also right to call for reform of the lobbying laws, including tough new rules on lobbyist disclosure, that build on the dramatic steps he has already taken in his first year in office to change Washington."

"A strong legislative response is required given the stakes: Americans' control over their own electoral process. That is why the President is working with Congressional leadership to move rapidly to pass legislation that protects our politics from undue special interest influence."

Congressional action has already begun, with ten bills introduced in the House and two in the Senate in response to Citizens United. The Senate Rules Committee held a hearing yesterday (Feb. 2). In the House, the Committee on House Administration and the Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties both held hearings.

Further, beyond the subject of foreign corporations, comprehensive lobbying reform is tied into responding efficiently to Citizens United. Eisen notes that during the State of the Union, Obama called for other proposed changes. These include limits on the contributions lobbyists may bundle or make to candidates, increased lobbyist disclosure rules, and online disclosure of all earmark requests. This White House fact sheet has some more details.

The President's efforts are commendable, and there is still work to be done on needed transparency. However, a column in the Washington Examiner notes a bit of hypocrisy. "More than 40 former lobbyists work in senior positions in the Obama administration, including three Cabinet secretaries and the CIA director. Yet in his State of the Union address, Obama claimed, "We've excluded lobbyists from policymaking jobs."

(Amanda Adams 02/03/10; 0 comments)

Obama Seeks More Lobbyist Disclosure

 

During President Barack Obama's State of the Union address, he said he came to Washington "to end the outsized influence of lobbyists; to do our work openly; to give our people the government they deserve. [. . .] That's why we've excluded lobbyists from policymaking jobs, or seats on federal boards and commissions." However, as a group of nonprofits have recently noted, in the process of attempting to limit the influence of special interests, the administration has successfully "[excluded] the voices of citizen- and community-based organizations."

A coalition of thirteen nonprofit organizations, including OMB Watch, sent President Obama a letter requesting changes in the executive order issued last year restricting lobbyists from jobs in the administration. The letter details the current ban as well-intended, but imperfect. While the order excludes registered lobbyists that work for nonprofits for example, "the vast majority of 'special interest' insiders like corporate executives and their public relations and legal advisors" continue to exercise the same influence as before.

The Washington Post highlights an example; "Caroline Smith Dewaal, the director of food safety at Center for Science in the Public Interest, a lawyer and nationally known food safety expert who has spent 20 years working on policy and trade issues. But Dewaal's nomination came to a halt in August because she was a registered lobbyist, which violated the administration's policy against hiring lobbyists."

The letter stated, "Using it [the Lobbying Disclosure Act] to restrict public service has the perverse result of decreasing transparency and driving real influence peddlers into the shadows and out of the sunlight. By using the LDA, the Ethics Order is broadly under-inclusive for its purposes." Further, the Citizens United v. FEC decision, "has increased the urgency of such actions."

"The solution should focus on issues like campaign finance reform and the disproportionate influence that large financial interests have over our nation's politics and public policies."

Despite, the unintended consequences of the policies instituted last year, Obama should be applauded for discussing during the State of the Union his plan to expand lobbyist transparency. Yet, the focus should not remain solely on federally registered lobbyists.

Obama announced, "It's time to require lobbyists to disclose each contact they make on behalf of a client with my administration or with Congress." He also put forth a proposal to limit how much lobbyists can contribute to candidates for federal office. "It's time to put strict limits on the contributions that lobbyists give to candidates for federal office." Such changes must be crafted so that many can not simply steer clear of federal disclosure requirements.

(Amanda Adams 01/28/10; 0 comments)

Lobbying and Ethics Reforms Need to be Enforced

 

On September 14, 2007, President Bush signed the Honest Leadership and Open Government Act, a package of lobbying and ethics reforms. However, over two years later, there remains very little enforcement of such rules. According to the Senate's website, there have been a total of 8,281 cases of potential violations of the Lobbying Disclosure Act (LDA). Meanwhile, there has been no enforcement on any of the potential LDA violations since 2005, except to send out letters to potential violators.

Pam Gavin, the Senate's superintendant of public records, has recently addressed the significant number of lobbyists who did not file LD-203 reports, covering political contributions and other spending linked to lawmakers. According to BNA Money and Politics ($$), Gavin suggested that the situation was due to lobbyists' inattention to reporting requirements, as opposed to a deliberate effort to hide political contributions. "Since the federal LDA came into effect more than a decade ago—requiring periodic reporting of lobbying activities—only three referrals have resulted in any enforcement action that has been made public. The three cases resulted in out-of-court civil settlements between DOJ and lobbyists, who agreed to pay fines totaling less than $50,000. No court action has ever been taken against an LDA violator, according to Justice Department officials."

Meanwhile, news has reported on other areas of inadequate enforcement of congressional ethics. USA Today detailed that, "no member of Congress has been punished for wrongdoing." House Speaker Nancy Pelosi (D-CA) spokesman Brendan Daly said, "lawmakers are held to the 'highest ethical standard' and pointed to the independent Office of Congressional Ethics as one example." However, the committee has not made an effort to discipline any lawmaker.

The Office of Congressional Ethics released a report detailing that in its first year, it conducted 25 preliminary reviews, terminated four cases, recommended dismissal in eight cases, and recommended that the House Ethics Committee conduct further review of 12 cases.

Of course, to avoid risking any chance of potentially violating the law without facing any consequences, simply deregister and provide "policy research." Conveniently, the same services provided by lobbying firms then continue, just without the reporting requirements.

(Amanda Adams 01/14/10; 0 comments)

Food Safety Agenda Suffers without USDA Appointee

 

President Obama still has not nominated an undersecretary for food safety at the U.S. Department of Agriculture, as Congress Daily reports today. Almost a year into his administration, the Food Safety Inspection Service – the federal agency in charge of making sure meat, poultry, and eggs are safe and labeled properly – is still without a leader.

vacancyPresident Obama made food safety a high priority in March when he announced the formation of his Food Safety Working Group. The working group has made progress, but the lengthy vacancy at USDA is beginning to cast doubt on the seriousness of the administration’s commitment to ensuring a safe food supply.

Meanwhile, food safety scares continue, including the December recall of tons of beef from an Oklahoma wholesaler. Congress Daily reports, “Late last month, after 21 people in 16 states had become infected with E. coli and National Steak and Poultry recalled 248,000 pounds of beef products, [Rep. Rosa] DeLauro said the problem was caused by practices that USDA could easily regulate if it had an appointee to make decisions.”

The recall came the same week as a new CBS News Poll which found that Americans are less than confident in the safety of the food they eat. (Polling occurred before news of the recall.) When asked, “How would you grade the U.S. on ensuring the safety of the food supply in the U.S.?" 34 percent of respondents said “C.” 33 percent said “B” while only 7 percent said “A.” 18 percent said “D” while a possibly very bitter 6 percent gave the U.S. an “F.”

The Congress Daily article intimates that the administration may be dragging its feet on finding a nominee because of Obama’s own ethics order which prohibits lobbyists from entering government. “Administration officials have acknowledged they have had trouble filling the slot because the White House does not want to nominate a candidate who has been a lobbyist for either food companies or consumer groups.”

At this point, if the best and most-qualified person for the job also happens to be a lobbyist, I think the administration should just suck it up and issue a waiver (a move that is permissable under the ethics order). The administration should not refuse to grant a waiver at the expense of the national food safety net.

Image by Flickr user Jeremy Brooks, used under a Creative Commons license.

(Matthew Madia 01/12/10; 0 comments)

CRS Report on Lobbying Rules

 

Last week, the Congressional Research Service (CRS) released a report asserting that the Obama administration's rules covering federally registered lobbyists have "already changed the relationship between lobbyists and covered executive branch officials." The report titled, "Lobbying and the Executive Branch: Current Practices and Options for Change," did not explain how those relationships have changed.

The report goes through the laws covering registered lobbyists, and the administration's policies put in place over the past year. It also briefly addresses possible options to "further clarify lobbyists' relationships with executive branch officials." Among the options, the CRS report discussed the possibility of amending the Lobbying Disclosure Act to include "provisions similar to current executive branch lobbying restrictions."

The administration was pleased with this report, and used it to brag about its policies. Norm Eisen, counsel to the president on ethics and government reform wrote; "The president's historic restrictions on lobbying are having a significant impact in making sure that the government serves the public interest and not special interests."

However, the language used in the CRS reports is rather neutral. The report does not conclude that the administration's regulations have decreased influence or corruption, but only have changed the relationship between lobbyists and executive branch officials.

The Sunlight Foundation criticized the report, and stated in a blog post that, "[i]t reaches an unsupported conclusion about the effect of the administration's lobbying disclosure rules, and also contains several factual and analytical errors."

The CRS report did suggest the creation of a central database containing all information regarding lobbying of federal agencies on Recovery Act funding. As we have noted, there are a lot of inconsistencies among agencies. OMB Watch has a chart (updated Dec. 2) with all of the agencies reporting any contacts with lobbyists on the use of Recovery funds, and the number of communication reports disclosed.

The report also addresses criticism from outside groups who have argued that the policies violate their right to petition the government and instead have caused many to deregister, only resulting in less transparency. OMB Watch and the Center for Responsive Politics (CRP) found that an unusually high number of lobbyists "deregistered" with Congress in the second quarter of 2009 (between April and June).

(Amanda Adams 12/09/09; 0 comments)

Many Agree Lobbying Policies May Not Actually Reduce Corruption

 

The most recent effort to curb lobbyists' influence, excluding registered lobbyists from federal advisory panels, continues to get press coverage since first announced in September. The Washington Post predicts that it, "may turn out to be the most far-reaching lobbying rule change so far from President Obama, who also has sought to restrict the ability of lobbyists to get jobs in his administration and to negotiate over stimulus contracts."

The Industry Trade Advisory Committees (ITACs), which includes an estimated 130 lobbyists, asserts that the policy is harmful to U.S. business interests. Some are concerned that the policy, "will severely handicap federal regulators, who rely heavily on advisory boards for technical advice and to serve as liaisons between government and industry."

An opinion piece in RollCall ($$) addresses this concern of "brain drain," and suggests that instead of banning lobbyists, there should be "uniform regulations for all advisory committees parallel to those that govern federal employees. Members should recuse themselves when a committee's work directly affects their personal or financial interests and file financial disclosure forms as well."

The administration's focus on federally registered lobbyists has made for an interesting discussion at the National Journal's new experts forum. The first weekly conversation tackles the new rules meant to curb "special interests."

Gary Bass, OMB Watch executive director, is among the responding experts. He argued that "administration paints all lobbyists with the same brush, creating unnecessary disincentives to lobby, particularly in the nonprofit sector. The Obama administration would be better served by attacking the corrupting influence of money rather than focusing on lobbyists."

He also wrote; "My fear is that the attack on lobbyists simply drives the activity underground, away from disclosure." Indeed, it does, as the Huffington Post discusses the transformation from lobbying to "influence laundering." The article uses former Senate Majority Leader Tom Daschle to highlight the practice of doing work similar to that of a lobbyist, but being able to manipulate it so that it does not fall under the definition of "lobbying activity." Daschle started his new job as a "senior policy advisor" at DLA Piper, a law and lobbying.

The Sunlight Foundation proposes, "a world where the entire influence economy in Washington were available to the public, online and in real time. A daily updated database of lobbyist contacts would show which special interests were involved in the secretive Baucus Gang of Six meetings over the summer."

Despite the rhetoric and broad commentary reacting to the administration's policies, what remains is an issue that should not be overlooked, the role money plays in gaining influence.

(Amanda Adams 12/01/09; 1 comment)

Lawmakers Use Statements Written by Lobbyists, Is Congress Just Lazy?

 

The New York Times found that more than a dozen members of Congress used almost indistinguishable talking points on health care reform ghostwritten by lobbyists. Lobbyists representing a biotech firm drafted separate language for Democrats and for Republicans. "The lobbyists, employed by Genentech and by two Washington law firms, were remarkably successful in getting the statements printed in the Congressional Record under the names of different members of Congress."

"Members of Congress submit statements for publication in the Congressional Record all the time, often with a decorous request to 'revise and extend my remarks.' It is unusual for so many revisions and extensions to match up word for word. It is even more unusual to find clear evidence that the statements originated with lobbyists."

This is particularly alarming considering the historical and precise role of the official Congressional Record. As a follow up, an editorial in the New York Times states; "It is disturbing that the industry was able to so easily shape the official record to its liking. It is even more disturbing that so many members of Congress were willing to parrot the industry talking points."

(Amanda Adams 11/17/09; 1 comment)

FDA May Delay Oyster Rule after Industry Pressure

 

In response to industry and political pressure, the Food and Drug Administration may be backing away from a regulation that would require oyster sellers to process oysters to kill Vibrio vulnificus, a bacteria that can sicken or kill those it infects. The regulation was supposed to take effect in 2011, but FDA may delay action while it further studies the issue.

From FDA’s statement, issued Friday:

Since making its initial announcement, the FDA has heard from Gulf Coast oyster harvesters, state officials, and elected representatives from across the region about the feasibility of implementing post-harvest processing or other equivalent controls by the summer of 2011. These are legitimate concerns.

It is clear to the FDA from our discussions to date that there is a need to further examine both the process and timing for large and small oyster harvesters to gain access to processing facilities or equivalent controls in order to address this important public health goal. Therefore, before proceeding, we will conduct an independent study to assess how post-harvest processing or other equivalent controls can be feasibly implemented in the Gulf Coast in the fastest, safest and most economical way. 

Since the regulation is not supposed to take effect for almost two years, FDA could conceivably wrap up the study and proceed as planned. This could just be an announcement intended to get industry and Gulf state lawmakers off the agency’s back.

Of course, it could also be a fatal blow to a potentially life-saving policy. As we all learned in Season 3 of Mad Men, delay can be a powerful tactic in politics (1:45 mark if you're impatient):


President Obama promised an end to special interest, backroom dealings in the Executive Branch; but FDA’s announcement smacks of a Bush administration-esque concession. The Center for Science in the Public Interest (CSPI) has been pushing for the FDA oyster rule. CSPI senior staff attorney David Plunkett had this to say:

A group of Gulf Coast Senators and Representatives weighed in on the side of a small but vocal industry in their states and won. Unfortunately this political victory for the Gulf Coast oyster industry is a health tragedy for their customers, and the action condemns scores of consumers to serious illness and death from this potent pathogen. This small portion of the shellfish industry should not have a free pass from FDA to sell adulterated and potentially deadly oysters to the public. 
(Matthew Madia 11/17/09; 0 comments)