Aggressive lobbying is the predictable
result of a larger problem: a massive federal government that
imposes itself on every facet of economic life through high taxes,
large subsidies, and expensive regulations. So long as Congress
distributes largesse to favored industries and taxes and regulates
disfavored ones, industries will do whatever they can to influence
Congress. As columnist George Will recently wrote, "People serious
about reducing the role of money in politics should be serious
about reducing the role of politics in distributing money."
Big government and corruption go hand in hand.
Government has certainly grown bigger in
recent years. Congress now spends $22,000 per household, up 33
percent since 2001 and the highest inflation-adjusted level since
World War II.
Congress distributes 14,000 earmarks per year, often to those who
provide large campaign donations. That "bring home the bacon"
mindset further persuades lawmakers that the road to reelection is
paved with government spending, which, in turn, leads to more
big-government expansions. Restraining the influence of special
interests will not possible until Congress restrains its own
expansion into every nook and cranny of the American
economy.
The key, then, is budget reform. Some
lawmakers realize this and have put forward promising proposals.
For example, the House Democrats would provide lawmakers with 24
hours to read bills before voting on them and rein in earmarks.
Rep. Jeff Flake (R-AZ) would move earmarks from conference reports
to the texts of bills so that they can be amended. But if lawmakers
are serious about reining in lobbyists, they must go further and
implement real restraints that reduce the demand for special
treatment. The six reforms described in this paper would do more to
change the role of money in politics than any "lobbying reform"
effort alone.
1. Ban Pork Projects
Congress has a proper role in
determining the rules, eligibility, and benefit criteria for
federal grant programs. However, allowing lawmakers to select
exactly who receives government grants invites corruption. Instead
of entering a competitive application process within a federal
agency, grant-seekers now often have to hire a lobbyist and make a
campaign contribution to win the earmark auction.
In addition, doling out their share of
the 14,000 annual pork projects has become an all-consuming
endeavor for many congressional offices, meaning that oversight and
reform of outdated programs take a back seat. Lawmakers hooked on
pork come to see their job as maximizing the amount of federal
dollars they can bring home, rather than reforming and improving
government. No coincidence, the same lawmakers who voted to triple
the number of pork projects since 2000 also enacted the largest
education, farm, highway, and Medicare expansions ever. Pork drives
lawmakers who are otherwise committed to fiscal responsibility to
surrender their independence to vote against runaway
spending-because only lawmakers who commit to voting for an entire
spending bill get pork projects.
Congress should enact a permanent
prohibition against legislation that specifies which businesses,
organizations, and locations will receive federal grants. With this
prohibition in place, grant-seekers will actually have to justify
their projects to federal and state agencies, and lawmakers will be
free to rein in runaway government and provide proper oversight.
2. If Pork Remains, Add
Sunshine
Even minimum pork-barrel spending
reforms would add sunshine to the budget process and help lawmakers
strike egregious earmarks. As Rep. Flake has proposed, earmarks
should be placed in the legislative text, rather than in
last-minute insertions to conference reports, thereby giving
lawmakers an opportunity to debate and amend them. The text should
also include the names of lawmakers requesting each earmark, the
district in which the earmark is located, the earmark's national
purpose, a constitutional justification for that purpose, and a
list of the lobbyists who lobbied for the earmark. If an earmark
would financially benefit a lawmaker or his or her family, that
should be stated explicitly-if such earmarks are not banned
altogether. Finally, these disclosure rules should be part of a
larger reform package that assures lawmakers three full days to
read each bill before voting on it, thereby guaranteeing sufficient
time for scrutiny.
3. Make all Federal Grants
Public
Earmarks are not the only grants that
deserve more sunshine. Every year, federal agencies distribute
thousands of federal grants with little public knowledge or
accountability. The public has a right to know how the federal
government is distributing grants, particularly to ideological and
politically activist organizations. Congress should enact
legislation creating a searchable public database of all government
grant recipients.
4. Term-Limit Appropriators
The House and Senate appropriations
committees have extraordinary power over the federal discretionary
budget. Long tenures on appropriations committees often create a
bias toward excessive spending by obscuring the big-picture
perspective and serving as a perch to bring home federal
dollars.
The powerful influence of these
committees should be balanced with a steady rotation in their
memberships. Limiting lawmakers to four years on any appropriations
committee out of every twelve years they serve in Congress would
ensure regular turnover and help the committees better represent
the views of Congress as a whole.
5. Rewrite the Outdated 1974
Congressional Budget Act
Lawmakers cling to a budget process
created in 1974 that is skewed to maximize federal spending. Over
the past 30 years, successive Congresses have punched this process
full of holes, and federal spending has tripled. The current budget
process provides no workable tools to limit spending, no
restrictions on passing massive costs onto future generations, and
no incentives to bring all parties to the table early in the budget
process to lay out a framework. Its few remaining restraints are
routinely bypassed. America needs a federal budget process that reflects the nation's budget priorities:
sound planning, responsible spending, and low taxes. A responsible
budget process would include enforceable spending caps, a budget
resolution holding the force of law, the termination of baseline
budgeting rules that put expensive programs on autopilot, sunset
provisions to end outdated programs, and an increase in the number
of votes needed to waive points of order.
6. Enact a Federal Taxpayers' Bill of
Rights
Perhaps the best way to ensure that
Congress spends money responsibly is to limit the amount that it
can spend. A federal Taxpayers' Bill of Rights would limit the
growth of government to the rate of inflation plus the rate of
population growth and ensure that lawmakers set priorities, make
trade-offs, and stretch taxpayers' dollars further. Enforceable
spending limits like this constrain all 50 state governments, but
not Washington. Because special interests will continue to pressure
them to spend, lawmakers need a tough spending cap that helps them
say no.
Real Reform Means Spending
Reform
Lobbying reform will not reduce the
supply of special interests' lobbying in Washington unless Congress
enacts budget restraints that reduce the demand for special
treatment. Getting Congress out of the grant selection business,
resisting the urge to select market winners and losers, and broadly
restraining the growth of the government and its influence on the
economy will reduce the need for special interests to play the
Washington game.
Brian
Riedl is Grover M. Hermann Fellow in Federal Budgetary Affairs
in the Thomas A. Roe Institute for Economic Policy Studies at The
Heritage Foundation.
For more on pork, see Ronald Utt and
Christopher Summers, "Can Congress Be Embarrassed into Ending
Wasteful Pork-Barrel Spending?," Heritage Foundation
Backgrounder No. 1527, March 15, 2002, at http://www.heritage.org/Research/Budget/BG1527.cfm;
and Ronald D. Utt, Ph.D., "Is
Pork Barrel Spending Ready to Explode? The Anatomy of an Earmark,"
Heritage Foundation WebMemoNo.
608, November 10, 2004, at http://www.heritage.org/Research/Budget/wm608.cfm.