The role of lobbyists in Congress is one that has bread controversy since the nineteenth century when lobbyists and special interest groups began to form. Not only are lobbyists often seen as creating a bias in Congress, but are also seen as an avenue to facilitate information among constituencies and legislators. Throughout the years the role of lobbyists in Congress has evolved as developments in technology and transportation have made it easier for both inside and outside lobbyists to champion their causes. With the increase in lobbyist groups we have also experienced an increase in restrictions placed on lobbyists in order to avoid scandals that have occurred over the years. While the public and Congress alike have criticized lobbying throughout the years, it is apparent that lobbying is an integral piece in the game of politics as it provides a highly uninformed public with information and helps to facilitate legislation.
The lobbyist community is made of up both political actors and ordinary citizens championing a specific cause. Many lobbyists are former legislators or lawyers. This is seen as a revolving door, where members of congress exit the role of legislator and reenter on the Hill as lobbyists. There are also citizen groups that lobby and make up approximately 20 percent of the lobbying community. In the text The American Congress, the authors discuss that “important legal distinctions are made between those hired to lobby for a person or organization and concerned citizens that lobby on their own behalf” (Smith, Roberts, and Vander Wielen 2011, pg 350). We tend to see a rise in citizen lobbyists when an individual becomes concerned about a specific issue that may arise during a social movement, such as the environment or abortion.
Most of the American public are low information voters. However, they have an influx on some information such as jobs, hobbies, and their specific interests. Technological advances, such as the internet make it easier for citizens to get information about specific interests and even allow for them to join associations to provide information to interested members. To eliminate the issue of free riders, many organizations require you to become a member, and in turn they provide you with benefits, such as discounts or social benefits. The role lobbyists and associations play is that to conduct information. Constituents often relay their concerns to lobbyists who in turn provide legislators with this information, helping to keep contact between a legislator and his constituency strong. Members of Congress can then address specific policy concerns and legislation that is directly affecting their voters. During a House session on February 26,2010, Representative Steve King (R) Iowa, explains the important role lobbyists play in providing information about constituency concerns. King emphasizes the role of lobbyists as experts in various fields and discusses the importance they have on the Hill as a credible source.
With the increase in the number of lobbyists we have also seen two different types of lobbying emerge, inside and outside lobbying. Inside lobbying is direct contact among members of Congress and lobbyists, while outside lobbying, or grassroots lobbying, comes more in the form of mailings or mass marches. This new form of lobbying has become highly effective because members of Congress see the direct effect that one persons influence can have on a collective group. Citizens and legislators cannot be depended on to know everything about issues, therefore the creation of inside and outside lobbying groups allows citizens and legislators alike to have a representative who is an expert on specific issues. Often times these groups form coalitions, that will quickly dissolve once an issue has been acted on.
The evolution of lobbying in the American Congress has given way to many controversies and scandals and has called for regulation in the lobbying sphere. Trevor Potter, the co-chair of the American Bar Association Task Force, talks about the importance of regulating lobbying and disclosure restrictions.
In the clip, Potter addresses scandals, and how they have forced regulations to be made involving disclosure of lobbying, campaign finance, and regulations placed on gifts. The 1946 Federal Regulation of Lobbying Act required “that people who solicit or receive money for the purpose of influencing legislation must register with the clerk of the House or the secretary of the Senate” (pg 368). The act also required semiannual disclosure reports be filed on money spent and received for lobbying. However, the 1954 Supreme Court ruling in United States v Harriss created a large loophole when it only required people to register if their sole purpose was to influence legislation. In order to close this loophole the Lobbying and Disclosure act of 1995 applied the 1946 standards to not only cover those who sought to directly influence Congress, but to “those who seek to influence congressional staff and top executive branch officials” (pg 369). In the following clip, David Wenhold addresses the importance of registering for lobbying, as well as the criteria to be considered a lobbyist.
He states that anyone who spends 20 percent or more of their time lobbying a public official must register as a lobbyist. Lobbyists must also disclose who their clients are, what issue they are hired to represent, and disclose the funds paid by clients (pg 317). Continued scandals facilitated more reform and in 2007 the Honest Leadership and Open Government Act was passed to address issues relating to gifts, disclosure requirements, and the cooling off period. The act requires quarterly lobbying disclosure reports be filed, and a ban on direct lobbying for Senators for two years after leaving office, while the House only requires a one year “cooling off” period. The act also places strict restrictions on gifts and travel. Under the act “members and their staff are not permitted to accept privately financed travel from lobbyists or entities that employ lobbyists” (pg 371). Legislators are also restricted from receiving any gifts from lobbyists. If these new requirements are violated, members will be fined $200,000 for the offense, and are faced with imprisonment. While gifts cannot be directly given to legislators, lobbyists can still contribute campaign funds individually or in the form of PACs. In addition to these reforms, other efforts have been made to amend lobbying practices, such as actions to abolish certain “kickbacks” for specific companies or organizations in the form of earmarks have been made, as well as a call to reform K street, where the biggest lobbyists firms have their headquarters.
While the public and legislators alike often times shed negative light on the growing practice of lobbying, there is no denying that lobbyists and special interest groups have an important place in politics. Lobbyists provide two-way information to both constituents and Congress. Lobbying can take on many forms, whether it is traditional inside lobbying where members of Congress work directly with lobbyists, or outside lobbying, which employs grassroots efforts. Over the past century we have seen efforts made to keep the practice of lobbying ethical and increased restrictions placed on disclosure of lobbying, monetary restrictions, and restrictions on gifts. Over time, lobbyists have come to be seen as a “necessary evil” as they provide us with important information on specific issues and serve as a form of representation for the American Public.
References
Smith, S., Roberts, J., & Vander Wielen, R. (2011). The american congress. (7 ed., pp. 349-376). New York, NY: Cambridge University Press.
King, Steve. US House of Representatives. Recorded 2/26/2010. CSPAN. 2010. Web, http://www.c-spanvideo.org/program/HouseSession3889.
Potter, Trevor. "Proposed Changes to Federal Lobbying Laws." Washington Journal. Recorded 1/18/2011. CSPAN. 2011. Web, http://www.c-spanvideo.org/program/ProposedCh.
Wenhold, David. "Lobbyist Registration." Washington Journal. Recorded 8/11/2010. CSPAN. 2010. Web, http://www.c-spanvideo.org/program/LobbyistRe.
