Ending Lobbying As We Know It
The fundamental promise of our democracy is that every voice matters. But when lobbyists and big corporations can buy influence from politicians, that promise is broken. The first thing to do to fix it is to end lobbying as we know it.
The Constitution guarantees the American people the right to petition their government with grievances. Lobbying isn’t new – it’s been around for centuries. What’s new is the weaponization of lobbying to coerce our government into doing whatever corporate interests want. While companies have an important role to play in our democratic conversation, the voices of corporations and powerful interests shouldn’t be the only voices in the room. But that’s exactly what’s happened.
Prior to the 1970s, there was little corporate spending on lobbying. Last year, over eleven thousand registered lobbyists roamed the halls of government, mostly representing their powerful clients – to the tune of over $3 billion. It’s no wonder everyone else has such a hard time breaking through the noise.
This boom in the influence-peddling game has happened around the same time that right-wing ideologues have slashed independent government resources and in-house expertise, which are essential for officials to maintain their independence from the “expertise” of self-interested corporate lobbyists. Meanwhile, most corporate lobbying work remains hopelessly opaque – nominally governed by a patchwork of weak definitions, few meaningful restrictions, and inadequate reporting and disclosure requirements. And the free rein granted to corporate lobbyists to also fundraise for political campaigns crosses the line from influence peddling to legalized bribery.
We can break the grip that lobbyists for giant corporations have on our government. Together, we can end lobbying as we know it. Here’s where to start:
Expand the definition of lobbyists to include everyone who is paid to influence lawmakers. Because of our weak laws, only individuals who meet directly with politicians or spend more than 20% of their time lobbying are required to register as lobbyists. That means law firms, consultancies, and even self-described lobbying firms that hire individuals for the express purpose of influencing government may be able to avoid these registration requirements – allowing powerful interests to influence policy without any public accountability. This practice, endemic on both sides of the aisle, must end.
My plan brings this activity out of the shadows by strengthening the definition of a lobbyist to include all individuals paid to influence government. It also creates a new designation for corporate lobbyists to identify individuals paid to influence government on behalf of for-profit entities and their front-groups – and subjects these corporate hired guns to additional restrictions.
Ban lobbying for foreign entities – period. President Trump’s campaign chair currently sits in prison, convicted in part of failing to properly register his shady foreign lobbying activity on behalf of Ukraine. But what is the justification for allowing foreign governments to use Americans as hired guns who sit in the shadows, quietly attempting to influence our domestic political system? That’s not how diplomacy should work. Other nations have ambassadors and diplomatic staff in the United States. If those governments want to interact with our political process they can do so through normal, above-board diplomatic channels. My plan categorically bans the practice of private lobbying for foreign governments, foreign individuals, and foreign companies. No more K Street influence-peddlers looking out for the interests of China, Russia, or Saudi Arabia.
Impose strict rules on all lobbyists, including preventing them from donating to or fundraising for political candidates. Paid lobbyists are hired for one objective: to advance the interests of their clients. Allowing individuals who are paid to influence government officials on policy to also give gifts or funnel money to the political campaigns of those same officials sounds like legalized bribery. My plan not only bans lobbyists from making political contributions, it also bans them from bundling donations or hosting fundraisers for political candidates. And it outlaws lobbying contingency fees, where lobbyists are only paid if they successfully influence politicians to achieve a policy outcome that serves their client’s narrow interests.
Dramatically expand the kinds of information lobbyists are required to disclose. Our current laws require only minimal disclosure from lobbyists of their activities. This prevents the American people from fully understanding who is trying to influence government – and why. My plan requires all lobbyists to report publicly all meetings with Congressional offices or public officials, the documents they provide to those individuals, and all government actions they attempt to influence. It also demands that all charitable non-profit organizations, social welfare organizations, and trade associations disclose any donors whose money was used to develop products to influence Congressional testimony, agency rulemaking, or for lobbying purposes.
Impose a tax on excessive lobbying – and use this revenue to give Congress and agencies the tools to fight back against the corporate influence machine. In 2018, lobbyists spent a whopping $3.4 billion trying to influence public policy on behalf of their clients, including $95 million from the pro-corporate Chamber of Commerce, $73 million from the National Association of Realtors, and $28 million from the Big Pharma lobbying group. The right to petition our government does not allow industries to exercise unlimited financial influence over policymakers. That’s why I will impose a tax on any entity that spends over $500,000 per year on lobbying. The tax will reduce the financial incentive for excessive lobbying, and its revenue will be used to counter the effects of excessive lobbying by providing additional financial resources for agencies to research and review regulatory actions that are the targets of excessive lobbying activity, as well as additional funding for the National Public Advocate, an office established to help the public engage with the rulemaking process, and for Congressional support agencies.
Strengthen Congressional independence from lobbyists. Congressional offices and agencies are severely underfunded, creating unnecessary pressure to rely on lobbyists for expertise. My plan transitions Congressional staff to competitive salaries and reinstates the nonpartisan Congressional Office of Technology Assessment to help members of Congress understand new areas of science and technology – because members of Congress should be able to access expertise and information without being dependent on lobbyists.