By Arthur Rothkopf - U.S. CHAMBER OF COMMERCE
| POLITICO
April 10, 2009
That’s why organizations from across the political spectrum
have expressed significant concerns regarding a memorandum
issued by President Barack Obama establishing new lobbying
restrictions for funds related to the American Recovery and
Reinvestment Act.
Section 3 of this memorandum would prohibit oral communications
between registered lobbyists and executive branch officials
regarding specific projects that are eligible for ARRA funds.
Only written communication or oral discussions of general policy
would be permitted, albeit with new disclosure requirements.
The critics are right — the new lobbying rules would
undermine the right of the people to petition the government,
while depriving public officials of valuable expertise. In
contrast to how they are portrayed in the media, the vast majority
of lobbyists are ethical, dedicated professionals representing
clients who may lack the necessary financial resources or expertise
to navigate the Washington bureaucracy.
I know this because I have participated in the policymaking
process both as a senior official in the George H.W. Bush administration
and as a registered lobbyist representing the U.S. Chamber
of Commerce. As the leader of the Chamber’s education
and workforce initiative, my job is to advocate for reform
of our public education system and work force training programs.
To do this, I draw on my 12 years of experience as the president
of Lafayette College in Easton, Pa.
I am very encouraged by the inclusion of almost $100 billion
for education and training in the Recovery Act and anticipate
working with the administration to ensure that these funds
are used effectively to bring about needed reforms. During
a recent conference call to discuss principles to guide the
use of ARRA funding with officials from the U.S. Department
of Education, I became concerned about the impact of the new
lobbying restrictions.
The government officials conducting the call asked the numerous
invited participants if we were registered lobbyists. When
several of us answered in the affirmative, we were told that
we could not participate. Objecting on the grounds that we
were not seeking funds but learning how they were to be distributed,
we were told that we could participate only if we submitted
our names and affiliations to the department in accordance
with the new guidelines. Make no mistake, these new rules hamper
the ability to petition government while having the potential
to deprive government officials of advice from experienced
experts.
It is the violation of the First Amendment right to “petition
the government for a redress of grievances” that is most
worrisome. By narrowing the scope of contact that lobbyists
can have with executive branch officials, the White House is
limiting the ability of the American people to communicate
with their government.
Sen. Robert Byrd (D-W.Va.) made this exact point to the Senate
in 1987. He said, “Citizens of the United States, whether
as individuals or in organizations, have both direct and indirect
interest in legislation considered by Congress. They make their
interests known by electing sympathetic senators and representatives
and by petitioning for or against specific legislation. This
is a right guaranteed them by the First Amendment to the Constitution.”
What the administration is trying to do is designate channels
where petition is permissible and channels where it is not.
This is inconsistent with the American tradition and undermines
the democratic process by limiting the kinds of information
made available to public servants.
Our nation is facing great challenges — an economy in
crisis, the threat of terrorist attacks and an increasingly
competitive geopolitical environment. In times like these,
government officials should have access to experts of all kinds.
Lobbyists should not be excluded from having a seat at the
table simply because their profession is considered by some
to carry a stigma. This kind of scarlet letter politics only
diminishes the ability of Americans who hold diverse views
to make sure that their knowledge is communicated to our decision
makers. Even the White House recognizes this fact. That’s
why the Office of Management and Budget has issued several
waivers to allow eminently qualified individuals, who had been
lobbyists, to serve in the administration. And you know what?
We are better off for it.
Of course, some small minority of lobbyists are bad actors.
They have used their influence in ways that are inappropriate
or illegal, and they should be punished accordingly. But punishing
the many for the sins of the few is not what the Founders intended.
The people’s right to speak with their government must
be preserved.
Arthur Rothkopf is senior vice president and counselor to
the president of the U.S. Chamber of Commerce and president
emeritus of Lafayette College.
----------------------------------------------------------------------------------------------------------------------------------------
(In accordance with Title
17 U.S.C. Section 107, this material is distributed
without profit to those who have expressed a prior interest
in receiving the included information for research and
educational purposes. BadConcress.com has no affiliation
whatsoever with the originator of this article nor is BadCongress.com
endorsed or sponsored by the originator.
|
