Current law affecting lobbyists

Should lobbying be regulated? Why? What are some problems with regulating lobbying?

Problems with regulating lobbying Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. --First Amendment

Bribery laws Both federal and state, different laws in different jurisdictions

Bribery Laws Federal bribery laws apply to anyone who: directly or indirectly, corruptly gives, offers or promises anything of value to any public official…or offers or promises any public official to give anything to any other person or entity with intent –to influence any official act –to influence such public official to commit or allow any fraud on the United States –to induce a public official to do or omit to do any act in violation of the lawful duty of said official or person being a public official…directly or indirectly corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for… –being influenced in the performance of any official act –being influenced to commit or allow any fraud on the United States, or –being induced to do or omit to do any act in violation of the official duty of such official

Five characteristics of bribery laws There must be a public official The defendant must have a corrupt intent A benefit, anything of value, must go to the public official There must be an intent to influence the public official (or to be influenced) –Quid pro quo—an agreement that in exchange for a benefit the official will perform an official act in the desired manner. That which is intended to be influenced is an official act Why, given this definition, are more officials not convicted of bribery?

History of lobbying regulations 1930s first laws 1946 Federal Regulation of Lobbying Act

Defines lobbyist as an individual who “by himself or through any agent or employee or other persons in any manner, solicits, collects, or receives money or any thing of value to be used principally to aid the passage or defeat of any legislation by the Congress.” Upheld but clarified in US v Harriss (1954) Loopholes??

Loopholes in 1946 Federal Regulation of Lobbying Act Lobbyists say that lobbying is not their principle purpose Use own financial resources, so don’t solicit or receive money No grassroots/indirect lobbying covered by the act Direct contacts excludes hearing testimony Excludes contacts with staff Excludes lobbying of the White House or departments Not specific about what lobbying expenditures to report No enforcement provisions

History of lobbying regulations 1930s first laws 1946 Federal Regulation of Lobbying Act Byrd Amendment

Prohibits the use of government funds by any private entity to influence the award of a federal contract, grant or loan Can use non-government funds to influence the award of contracts, grants or loans Requires the disclosure of each contact made by the private entity with a federal official through “outside lobbyists” to influence an award decision.

History of lobbying regulations 1930s first laws 1946 Federal Regulation of Lobbying Act Byrd Amendment Lobbying Disclosure Act of 1995

Do these laws adequately balance first amendment rights against the public’s interest in corruption-free government? Why does lobbying give rise to the appearance of unethical behavior?

What are the unwritten rules of lobbying? Credibility comes first Only the facts count Try not to burn your bridges Success = compromise Create a dependency Work with whoever will help With this in mind, what do you think of lobbying as a profession? Does this image fit with what we’ve just been discussing?

What other kinds of rules could or should lobbyists have to abide by?