A Look Ahead at the 110th Congress

A Look Ahead at the 110th Congress

Incoming Speaker Nancy Pelosi has indicated that one of the first issues Congress will consider when we convene for the 110th Congress in January is ethics and lobbying reform. While the details of the reform package that the House will actually consider are not yet clear, I believe that any true reform bill must include measures aimed at increasing transparency and accountability.

We all believe that the opportunity to petition our government is an important part of the democratic process - so important that it was included in the First Amendment to the Constitution. Unfortunately, a few individuals have abused that right and their actions, as well as those of some in Congress, have brought disrepute upon Congress. We must pass reform measures that do not limit the rights of individuals to petition their government, but do make sure that those who abuse those rights are held accountable.

The late Supreme Court Justice Louis D. Brandeis once said, "Sunshine is the best disinfectant." Operating with that in mind, Congress passed the Lobbying Disclosure Act in 1995. The aim of that legislation was to provide some transparency and accountability to the lobbying process. It did this by requiring lobbyists to register as such with the Clerk of the House and Secretary of the Senate. It further required them to file semiannual reports of their activities and clients, including estimates of how much they spent on lobbying activities and the issues upon which they were lobbying members. Unfortunately, the law did not go far enough.

The House attempted to remedy this situation last year by passing H.R. 4975, the Lobbying Accountability and Transparency Act of 2006. Among other things, this bill sought to bring more transparency by requiring lobbyists to file quarterly reports that included more detailed information regarding their contacts with Members of Congress. Most importantly, this bill required that those disclosures be included in a database that was available to constituents over the Internet and free-of-charge. I agree with the late Justice Brandeis, and offered a bill to make filings by registered foreign agents readily available on the Internet.

As background, some of the biggest clients of lobbyists are foreign corporations and foreign governments. The Foreign Agents Registration Act(FARA) requires lobbyists to register with the U.S. Department of Justice if they engage in political activity or represent a foreign entity before the U.S. government and disclose their agreements with, income from, and expenditures on behalf of the foreign entity.

Unfortunately, the Department of Justice allows the public to view these filings only at an office in Washington, DC, and only after an individual presents identification, signs in, is security screened, and requests that a Department of Justice employee search for specific records. This is hardly a transparent process! My bill, which passed the House, would require the Department of Justice to make these filings available on the Internet. After all, we should be able to find out when a foreign government is trying to influence American public opinion through use of an intermediary.

As we begin the 110th Congress, we should consider lobbying and ethics reforms that will regain the trust of the American people, give them confidence in their government, and encourage people to gain additional information about the legislative process. And I believe that increased accountability and transparency is an excellent way to start.

http://www.house.gov/list/press/oh02_schmidt/110.html