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Ethics Legislation Leaves Loopholes for Lobbyists
February 04, 2008 01:15 PM
by
findingDulcinea Staff
Special interest groups devise legal ways to woo legislators despite a 2007 law prohibiting lobbyists from giving meals and gifts to Congress members.
30-Second Summary
USA Today reports that despite the constraints on gift-giving contained in the 2007 Ethics Law, labor organizations, corporations and activists have found a loophole that lets them legally wine and dine politicians.
By holding events in privately owned townhomes and offices on Capitol Hill, these groups are able to circumvent the law. The paper reports that 214 members of Congress had attended such functions from January to November 2007.
Penalties facing lobbyists who break the 2007 law include a five-year prison term and a $200,000 fine.
Some believe that the greater issue of legislative ethics is tied up in the details of the law, which stipulates that any food lobbyists give to Congress members must fit on a toothpick.
Sen. Claire McCaskill (D-Mo.), who voted for the law, said in the Houston Chronicle that the toothpick rule detracts from the issue of ethics as a whole and “is kind of dumb.”
The legislation is among the latest aimed at cleaning up campaigns. The 2002 Bipartisan Campaign Reform Act banned soft money contributions—money given to political organizations that do not directly support a candidate.
Although interest groups argued that the law was unconstitutional, the Supreme Court upheld it in 2003.
By holding events in privately owned townhomes and offices on Capitol Hill, these groups are able to circumvent the law. The paper reports that 214 members of Congress had attended such functions from January to November 2007.
Penalties facing lobbyists who break the 2007 law include a five-year prison term and a $200,000 fine.
Some believe that the greater issue of legislative ethics is tied up in the details of the law, which stipulates that any food lobbyists give to Congress members must fit on a toothpick.
Sen. Claire McCaskill (D-Mo.), who voted for the law, said in the Houston Chronicle that the toothpick rule detracts from the issue of ethics as a whole and “is kind of dumb.”
The legislation is among the latest aimed at cleaning up campaigns. The 2002 Bipartisan Campaign Reform Act banned soft money contributions—money given to political organizations that do not directly support a candidate.
Although interest groups argued that the law was unconstitutional, the Supreme Court upheld it in 2003.
Headline Link: ‘Lobbyists Find More Ways to Bond with Lawmakers’
In spite of the 2007 law banning gifts from lobbyists to members of Congress, special interest groups can still legally court votes by hosting events on privately owned property. USA Today reports that 18 lobbying firms, corporations and labor unions have purchased townhouses or leased office space near the Capitol. The paper also found that 214 members of Congress benefited from fundraisers held at facilities owned by lobbyists, companies and labor organizations from January to November 2007.
Source: USA Today
Background: The 2007 Ethics Law and the Bipartisan Campaign Reform Act
The 2007 Ethics Law, which took effect on Sept. 24, prohibits lobbyists from giving gifts or free meals to members of Congress. Only hors d’oeuvres that fit on toothpicks may be served at lobbyist events. Violators can expect five years in prison and a $200,000 fine. Sen. Claire McCaskill (D-Mo.), who voted for the law, said the toothpick rule detracts from the issue of ethics as a whole and “is kind of dumb.”
Source: Houston Chronicle
The Bipartisan Campaign Reform Act of 2002, also known as the McCain-Feingold Act, banned “soft money” donations, or money given to political organizations that do not directly support a candidate. It also prohibits broadcast ads by special interest groups that mention a candidate before an election. After the bill was signed in 2002, several groups such as the AFL-CIO, the National Rifle Association and the American Civil Liberties Union filed lawsuits.
Source: Opensecrets.org
Opinion & Analysis: Loopholes and waitlists
The Hill magazine reports that in light of the gift ban, the Senate and House ethics committees disagree on how to interpret free event tickets given by lobbyists. The House says that they are legal, but the Senate has held back its approval.
Source: The Hill
CNN correspondent Christine Romans interviewed Scott Amey from the Project on Government Oversight and Joan Claybrook from Public Citizen. The two concurred during the Jan. 18, 2006, edition of “Lou Dobbs Tonight” that lobbying firms are taking advantage of loopholes left by new legislation. One loophole allows lobbyists to avoid filing documentation, and call themselves “public relations consultants or researchers.”
Source: The Project on Government Oversight
CATO Institute Senior Fellow Robert A. Levy writes that the Bipartisan Campaign Reform Act will just force political donors to seek loopholes: “Outlaw soft dollars and the money flows into independent expenditures. Restrict independent expenditures and issue advocacy takes over. Now McCain-Feingold proposes to label large chunks of issue advocacy as ‘electioneering communications’ that will be banned.”
Source: CATO Institute
Related Link: ‘Popular Issues Stalling in Congress’
Politico reports that headline issues tend to get Congress’ attention at first, but fall by the wayside as press coverage wanes. A week after the August collapse of the I-35W overpass near downtown Minneapolis, for example, House Transportation Committee Chairman Jim Oberstar (D.-Minn.) proposed a temporary gas tax to repair infrastructure. But no action has yet been taken on the bill.
Source: Politico
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