Reform Must Illuminate Channels of Money, Influence

Both Republican and Democratic lawmakers have proposed principles and introduced legislation to purge the excessive influence of lobbyists in Washington, since corruption scandals highlighted the inappropriately cozy relationship between Capitol Hill and K Street. Neither party, however, appears to be making full use of one the best weapons against corruption and abuses of power--sunlight. Reform proposals would all be strengthened with more comprehensive use of the tools of transparency. A wave of proposals have come out of Washington in recent days. Senate Minority Leader Harry Reid (D-NV) and 34 other Democrats introduced the Honest Leadership and Open Government Act of 2006 (S. 2180) on Jan. 20, For his part, Sen. John McCain (R-AZ) has been rounding up support for his Lobbying Transparency and Accountability Act of 2005 introduced last December. At a Jan. 17 press conference on lobbying reform held by Republican congressional leaders, House Speaker Dennis Hastert (R-IL) voiced support for a ban on privately sponsored travel and stricter gift-giving rules. Unfortunately, none of the reform proposals to date offer a meaningful answer to the problem of enforcing the rules (both existing and proposed) and none create the transparency that the system so desperately needs and that could be the best corruption deterrent around. The Senate Democrats propose new criminal penalties for non-compliance, but nothing to ensure enforcement of the new penalties. And, while the Democrats plan would require that lobby disclosure information be available in a searchable online database, it stops short of meaningfully opening government. Reform proposals will fail to make a dent in Washington's culture of corruption without the following key elements to improve transparency:
  • A one-stop centralized database on key monetary activities between government and the private sector
  • Public disclosure of outside job negotiations
  • Improved access to conference committee activities
  • Stronger investigative and enforcement mechanisms for disclosure requirements
Some of these elements are included in legislation already introduced, but if Congress is to impede the corrupting influence of lobbyist money, it is essential that transparency and openness play a central role in the reform package. Centralized database on lobbying activity Since there is no easy way to eliminate money from politics, proposals must eliminate the ability to hide the money. The Honest Leadership and Open Government Act of 2006 expands disclosure requirements for lobbying activities to include who is funding lobbying firms, paying for travel, gifts, and who is making campaign contributions to individuals, PACs, and party committees. All of this information would be available to the public in a searchable database. This is a significant step forward, but because it would only apply to those required to register under the Lobby Disclosure Act, it would shed light on only a portion of the money that flows in and out of Washington. Money would likely shift to other less scrutinized avenues. A serious lobby reform package should include an effort to bring together in a meaningful way information about government contracts, political contributions from non-lobbyists, earmarks in appropriations bills and more. Legislation should also require members of Congress to maintain and submit information on donations, trips, gifts and other transactions. Such data could be cross-checked with lobbyists' disclosures to help identify inconsistencies and inappropriate activities. Members of Congress should also be required to maintain data on such transaction on their official websites. Without improved tracking of the flow of money in and out of government, a solution to the corruption that plagues politics will continue to elude us. Public disclosure of outside job negotiations Much of the current ethics scandals centers around accusations that government officials and employees have swapped political influence for private sector jobs. The Honest Leadership and Open Government Act "requires lawmakers to disclose when they are negotiating private sector jobs, and requires Executive Branch officials who are negotiating private sector jobs to receive approval from the independent Office of Government Ethics." While we applaud the disclosure requirement of lawmakers, we believe it should be extended to Executive Branch officials. Obviously, individual privacy and the sensitive nature of job negotiations are concerns, but disclosure of Office of Government Ethics approval for such negotiation after a reasonable time period, say 6 months or a year, seems reasonable enough. Concerns have been raised that obtain such permission is too easy. Public disclosure would enable lawmakers and the public to determine if a pattern of laxity exists or if the internal system monitoring such negotiations is flawed. Improve access to conference committee activities Lawmakers who sit on conference committees wield enormous power in our political process, in some instances making last-minute changes to legislation without the support or knowledge of other members of Congress. To ensure oversight and accountability of lawmakers during the introduction and initial crafting of a bill, conference committee negotiations should be made transparent and all committee members should vote on any changes to the bill. The Honest Leadership and Open Government Act would enact these changes and would additionally require the public release of conference reports 24 hours before the committee begins their consideration. OMB Watch believes that the Act should also include a provision requiring committees to release the text of bill markups as well as other committee documents such as draft bills and amendments prior to voting. Access to such information is essential for meaningful public accountability over conference committee activities. Investigative and enforcement mechanisms All the various provisions and requirements proposed will have little effect if reform legislation does not establish some form of oversight authority to ensure the requirements are met and to investigate malfeasances. The Honest Leadership and Open Government Act would create the Senate Office of Public Integrity to receive lobbyist disclosures and investigate possible violations. Lobbyists, however, are only part of the equation. In addition to the disclosure requirements on members of Congress, OMB Watch believes that any office or agency charged with overseeing lobby disclosure requirements should also be granted the authority to enforce congressional disclosure requirements, such as the requirement of lawmakers to maintain data on their travel, gifts and donations on the member's website. Additionally, legislation should authorize any such oversight entity to use enforcement mechanisms, including public notice of violations and even fines on congressional offices that fail to meet disclosure requirements. In the coming weeks, the House and Senate will act on reform packages to infuse public oversight and accountability into the relationship between lobbyists and lawmakers. Including the elements outlined above would enormous benefit reform legislation and its ability to bring about needed change.
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