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
•
•
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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
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
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?
•
•
•
•
•
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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?