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December 1984
What's Wrong With Congress?
Before Congress can
lead the nation, it must be able to lead itself.
by Gregg Easterbrook
Representative Michael Synar, of Oklahoma, swears that this actually happened:
He was addressing a Cub Scout pack in Grove, Oklahoma, not far from his home
town of Muskogee. Synar asked the young boys if they could tell him the
difference between the Cub Scouts and the United States Congress. One boy
raised his hand and said, "We have adult supervision."
Is anyone in charge on Capitol Hill? October's two-week-long melodrama over
shutting down the government was not an isolated instance. Recently Congress
voted for a $749 billion package of tax cuts, and only a few months later was
locked in debate over a constitutional amendment for a balanced budget. The
House voted in favor of Ronald Reagan's plan to almost double the number of
nuclear warheads in the U.S. arsenal, and not long after voted in favor of the
nuclear freeze. Only once in the past six years has Congress finished the
budget appropriations before the beginning of the fiscal year; many spending
bills have not been completed until months after the spending they supposedly
control has begun. Long periods of legislative stalling are followed by spasms
in which bills are passed with wild abandon, and these often contain "unprinted
amendments" whose contents congressmen have never had an opportunity to read.
Many provisions of "tax leasing" became law that way, as, in 1981, did the
phone number of a woman named Rita. Rita's number had been scribbled in the
margin of the only copy of an amendment being voted on, and the following day
it was duly transcribed into the printed copy of the bill.
"The system is a mess, and what's amazing is how many members of Congress are
fully aware that the system is a mess," says Alan Dixon, a senator from
Illinois. Congress has, of course, seemed out of control at many points in the
past. During the late 1930s, as signs of war grew, Congress was synonymous with
irresponsibility; during the McCarthy era, with cowardice. In 1959 it ground to
a halt over the minor issue of Dwight Eisenhower's nomination of Lewis Strauss
as secretary of Commerce and the even less important issue of an Air Force
Reserve honorary promotion for the actor Jimmy Stewart. Through the 1960s it
huffed and puffed about the Vietnam War, but never failed to approve funds for
the fighting. In 1972, after hours of acrimonious debate, it voted to raise the
federal debt ceiling for a single day. A degree of built-in vacillation was
part of the Founding Fathers' plan for the legislature. But have recent changes
in the structure both of U.S. politics and of Congress as an institution pushed
Congress across the fine line separating creative friction from chaos?
"Congress today is a totally different institution from what it was when I
arrived, in 1961," says Morris Udall, of Arizona, one of the House's senior
members. "The magnitude of change is no illusion." The end of the seniority
system; the arabesque budget "process" and other time-consuming new additions
like the War Powers Act; the transformation from party loyalty to
political-action-committee (PAC) loyalty; the increased emphasis on media
campaigning; the vogue of running against Washington and yet being a member of
the Washington establishment; the development of ideological anti-campaigns; a
dramatic increase in congressional-subcommittee power and staff size, and a
parallel increase in the scope and intensity of lobbying--all are creations of
the past fifteen years. Some have served to make the nation's legislature more
democratic and to improve its contact with the public. Others have made
congressmen more frantic and timorous. But every change has in some respect
caused Congress to become more difficult to run. Right now there isn't anyone
in charge, and there may never be again.
EVERYWHERE A MR. CHAIRMAN
Hardly anyone lamets the dismatling of the seniority rules--not even people
like Udall who would benefit if the old system still existed. From roughly the
turn of the century until 1975 rank was based solely on how many years a member
had been in Congress. The chairman of a committee could create or disband
subcommittees, choose the subcommittee chairmen (often choosing himself),
dictate when the subcommittees held hearings and whether bills were "referred"
to them, hire the committee staff, and exert total control over when the
committee itself would hold hearings or report bills to the floor. All these
powers rested exclusively with twenty to twenty-five men in each chamber;
others in Congress could wield power only by outvoting the senior members on
the floor, and then only when the senior members permitted such votes to
occur.
Seniority had long been considered unassailable, for the reason that senior
members would use their powers to block any reform. But by the late 1960s the
resistance of the southern committee chairmen to the obvious need for
civil-rights reform had eroded seniority to the point at which challenges
became possible. Every two years, as a new Congress was convened and new
internal rules were passed, younger members would press for further
concessions. "In 1971 we managed to pass a resolution saying that seniority
would not be the sole criterion for chairmanship and that there ought to be a
vote," Udall explains. "It was vaguely worded and we didn't try to take the
issue any further. In 1973 for the first time, we held such votes. Every
chairman was retained, but it established the precedent--that there had to be a
vote. Then in 1975 we won."
It was a pivotal year for the structure of Congress. Ninety-two new
representatives, mostly Democrats--the "Class of '74"--had been elected to the
House in the wake of Watergate. Government institutions in general were in a
state of low regard. Conservative southerners had been shamed by how long they
had stood by Richard Nixon; and two powerful old-school committee chairmen,
Wilbur Mills, of the Ways and Means Committee, and Wayne Hays, of the House
Administration Committee, were going off the deep end. The Class of '74
provided the extra margin of votes needed to end Seniority in the House. Three
entrenched chairmen--Wright Patman, of the Banking Committee, F. Edward Hebert,
of Armed Services, and W. R. Poage, of Agriculture--were overthrown. More
significant in the long run, a "subcommittee bill of rights" was passed.
Essentially, subcommittees won the right to hold hearings on any subject at any
time. Committee members would be able to "bid" for subcommittee chairmanships;
full committee chairmen could no longer control these slots or hold more than
one subcommittee chairmanship themselves. Each subcommittee chairman would get
funds for at least one staff aide who would work for him personally, not for
the committee. The total number of subcommittees would be expanded. A similar
though more genteel sequence of change took place in the Senate.
The autocracy of the chair broken, Congress was transformed from an institution
in which power was closely held by a few to an institution in which almost
everyone had just enough strength to toss a monkey wrench. In 1964 there were
forty-seven meaningful chairmanships available in the House and Senate. Between
the dispersion of subcommittee posts and the increase in the total number of
committees and subcommittees, 326 Mr. Chairman positions were available in
1984. Allowing for those who hold more than one chairmanship, 202 of Congress's
535 members--38 percent--are now in charge of something.
More than any other factor, the deregulation of subcommittees has increased
Congress's workload and decreased its cohesion. In 1970, before the change,
congressional committees held an average of twenty-three meetings a day. By
1982 the figure was thirty-seven meetings a day, and it remains at that level
today. Senators now average twelve committee and subcommittee assignments each.
With the trend toward "government in the sunshine" the number of closed
committee hearings has dropped substantially--from 35 percent of all hearings
in 1960 to seven percent in 1975. This serves the public's right to know but
also increases the amount of time congressmen spend posturing for public
consumption instead of saying what they think, which is practical only in
closed hearings. The subcommittee bill of rights established "multiple
referral," under which several subcommittees could consider the same bill or
topic. The result is increased redundancy, more speechifying, and almost
unlimited potential for turf fights.
According to John Tower, chairman of the Senate Armed Services Committee, "Our
committee spends a large proportion of its time trying to fend off competition
from other committees and monitoring what the other committees are doing." In
the Senate the Armed Services, Appropriations, Governmental Affairs, Budget,
Foreign Relations, and Veterans' Affairs committees all have an interest in
military legislation; subcommittees of the same committee may also have
overlapping jurisdictions, such as the Arms Control and European Affairs
subcommittees of Foreign Relations. Multiple subcommittees each with multiple
jurisdictions are a primary cause of the dizzy progression of non-events in
Congress. Headlines like SENATE MOVES TO BAN IMPORTS and HOUSE HALTS FUNDS
often- refer to subcommittee actions that will be modified many times before
they take effect or, more likely, vanish without a trace. Some sort of
milestone was achieved last June when both the International Economic Policy
Subcommittee of the Senate Foreign Relations Committee and the International
Trade Subcommittee of the Senate Finance Committee held hearings covering the
same topic--Japanese auto imports--on the same day, at the same time, with many
of the same witnesses.
Driving the system is the unleashed desire of congressmen to be in command of
something--anything. Culture shock for new congressmen arriving in Washington
can be severe. Having just won a grueling electoral test and bearing the status
of big wheels at home, in Washington they discover that they are among
thousands of potentially important people competing for influence and
attention. Young congressmen also find themselves assigned to cramped, dingy
offices with Naugahyde furnishings and no majestic view of the Capitol dome.
The yearning for a Washington badge of recognition and the additional
perquisites that would make Capitol Hill life what they imagined it to be can
set in almost immediately.
A chairmanship is particularly important because television is permitted in
hearing rooms. Almost from the onset of television, congressmen have realized
the promotional potential of the carefully scripted hearing: the McCarthy and
Kefauver hearings of the 1950s, which were among the first "television events,"
made their eponyms famous.
Fame may be an elusive goal, but publicity is not. The proliferation of
networks and newscasts meshes perfectly with the proliferation of Capitol Hill
hearings. Congress itself is difficult for television to cover, because no
single person is in charge and few actions are final. A well-done hearing, in
contrast, has a master of ceremonies, a story line, and an easily summarized
conclusion when a witness commits a gaffe, announces a "policy shift," or
clashes angrily with committee members. Hearings, unlike floor action, also
allow congressmen to introduce props--the masked witness being a perennial
favorite, piles of money or gimmicks like chattering teeth being reliable
avenues to television coverage.
Once created, a subcommittee takes on a life of its own, if for no other reason
than that the staff must justify its existence. In 1970 the House Committee on
the District of Columbia had fifteen staff members; today it has thirty. The
Senate Rules Committee had thirteen staff members in 1970 and today has
twenty-seven. The House Appropriations Committee has more than twice as many
staff members as it had in 1970, and the Merchant Marine and Fisheries
Committee's staff has risen from twenty-one to eighty-nine. Debra Knopman, a
former staff aide to Senator Daniel Moynihan, says, "The staffs are so large
everybody wants to have his say and leave his own little stamp. Pretty soon the
weight of people wanting attention becomes greater than the force moving the
legislation, and the whole thing grinds to a halt."
Staff allegiance is to the subcommittee chairman rather than to the overall
purpose of the legislature, and bickering with members of other staffs becomes
a primary means of self-advancement. While the top jobs in congressional
offices pay well--$46,000 to $56,000 a year--the average pay is only $25,000;
between the low salaries and hectic working conditions, turnover in
congressional offices runs at a rate of 40 percent a year. A staff of bright,
inexperienced people will work harder and produce more good ideas per salary
dollar spent than an older, trained staff, but it will also lack an
institutional memory, demand more attention, and make more mischief, mostly in
the form of turf fights.
The proliferation and redundancy of committees has produced a proliferation of
redundant committees to study dhe problem. In the past decade the Senate has
appointed three internal-reform study groups: the Stevenson Committee (named
after the former Illinois senator Adlai Stevenson III), the Pearson-Ribicoff
Study Group (run by retired senators James Pearson, of Kansas, and Abraham
Ribicoff, of Connecticut), and a committee now meeting under the chairmanship
of Senator Dan Quayle, of Indiana. Stevenson recommended a simplified system
that would combine overlapping committees. Pearson and Ribicoff recommended
that all subcommittees be abolished; that committees like the Small Business
Committee and the Select Committee on Aging, which exist mainly to mollify
interest groups, be subsumed into larger committees; and that the pairs of
committees most frequently at each other's throats--the Armed Services and
Foreign Relations committees, and the Budget and Appropriations committees--be
merged.
None of the major Stevenson or Pearson-Ribicoff recommendations were enacted.
The feudalistic system may prove in the long run more resilient than the
seniority system, because now the number of congressmen with a sake in
preventing change is much greater. Merging the Armed Services and Foreign
Relations committees, for example, would eliminate one of the glamorous "A"
committee chairmanships that are tickets to instant prominence, to say nothing
of eliminating about ten subcommittee chairmanships. When Howard Baker, the
retiring majority leader, appeared before the Quayle committee last July to
present a summing up of his years of leading the Senate, only two senators were
present to hear him. All the rest had schedule conflicts.
THE BUDGET THAT WOULDN'T DIE
The way Congress spends money was converted into a "process" with the passage,
in 1974, of the Congressional Budget and Impoundment Control Act. Its immediate
purpose was to prevent Richard Nixon from "impounding," or refusing to spend,
money that Congress had appropriated. But the Budget Act also had a long-term
goal: solving a structural defect in Congress's spending machine.
Before 1974 the House and Senate each had three kinds of committees involved
with the budget: authorizing, appropriating, and revenue. The authorizing
committees, like Agriculture, Transportation, Energy, and Interior, are the
most familiar; they "authorize" federal activity by writing legislation in
their subject areas. But though they can start or end programs, they cannot
approve expenditures--only the two appropriating committees can do that. Since
the amount spent on a program usually determines that program's effect on
policy, the potential for overlapping and disputation is boundless. Neither
authorizing nor appropriating committees, meanwhile, have the power to raise
the money that backs up the checks--only the Finance Committee, in the Senate,
and the Ways and Means Committee, in the House, do. Because of this separation
it became all too easy for authorizing and appropriating committees to ignore
the fiscal consequences of their actions--getting the money was somebody's
else's job--and for the revenue committees, in turn, to demand that the other
fellow crack down on spending.
During the 1950s and 1960s, when deficits were relatively stable, this state of
affairs was tolerable. According to Robert Giaimo, who served in the House from
1958 to 1980 and was the Budget Committee chairman in the late 1970s, "No one,
including myself, in Congress in the 1960s ever asked what anything would cost.
All we thought about was, Does this sound like a good program? Can we get it
through?"
The budget process was intended to bring together the questions of how much to
spend, how to spend it, and where the funds would come from with a single
resolution that would both guide Congress and impose a series of spending
ceilings to control the deficit. Congress would have, say, a certain ceiling
for transportation, and if it wanted to add funds to subway construction, it
would have to remove a like amount from highways.
Ideally this would have been accomplished through some merging of the
authorizing, appropriating, and revenue committees. But merger would have
required that at least two powerful chairmen, plus many subcommittee chairmen,
surrender their posts. So an entirely new procedural tier, the budget
committees, complete with two important new chairmanships, was set on top. The
result is what Howard Baker calls "a three-layer cake." In theory, on receiving
the President's budget requests, in early winter, the budget committees quickly
produce a nonbinding first resolution to set general ceilings. Then the
authorizing committees write policy-setting legislation within those ceilings,
and the appropriating committees--after learning of the authorizing committees'
policy objectives--award the money. Near the end of this cycle the budget
committees produce a second resolution to reconcile the inevitable differences
between what the budget ceilings allow and what the committees are actually
spending. This resolution is binding, and after it is passed, in theory the
remaining pieces fall smoothly into place.
In practice the budget process isn't working anything like that. Budget
resolutions have become the subjects of such contention that this year the
first resolution, due on May 15, wasn't passed until October 1--even though it
was nonbinding. Appropriating and authorizing committees work concurrently and
nearly year-round, the appropriating committees choosing dollar amounts before,
from the standpoint of policy, they know how the money will be used. The Budget
Act breaks down spending into functional categories different from those
employed by the committee structure, so when a budget resolution is being
debated, wrestling goes on over which portion of which ceiling should apply to
which committee, a procedure known as "crosswalk." Thus the process leads to a
continuous frenzy of activity but few decisions that count.
In order to prepare the fiscal 1984 defense budget, the Senate Appropriations
Committee held seventeen days of hearings, producing about 5,300 pages of
testimony. The Senate Armed Services Committee held twenty-seven days of
hearings on the defense budget and called 192 witnesses, many of whom also
appeared before the Appropriations Committee to make the same statements. The
Senate Budget Committee held hearings on the subject as well, producing two
resolutions that had to be debated and voted on by the full Senate.
Meanwhile, in the House, the Armed Services, Appropriations, and Budget
committees were duplicating this work, and the full chamber was voting on a
different budget resolution. And none of it was final.
When the defense bill itself came to the Senate floor, it sparked weeks of
debate; the (different) House bill caused a similar swirl on the floor. Even
after that the defense budget wasn't finished. A House-Senate conference
committee had to be created to resolve the discrepancies between the two
versions, and then the conference-committee bill had to be debated and voted on
by both chambers. Spending levels for the Defense Department weren't finally
set until mid-November of 1983, seven weeks after the fiscal year had begun.
Last summer Howard Baker was negotiating simultaneously with various factions
on the defense authorization bill and the defense appropriations bill and with
a House-Senate conference committee deadlocked on the defense sections of the
budget resolution. In other words, he was trying to arrive at three different
versions of the same number--none of which would be final. "This is crazy,"
Baker told the Quayle committee, in a plaintive tone. "It makes absolutely no
sense."
The endless budget deliberations have also been a driving force behind a
dramatic increase in the number of recorded votes on the floor. In 1960 the
House staged 180 roll-call votes, or 0.7 votes per working day. In 1970 there
were 443 votes, or 1.3 per working day, and in 1980 there were 1,276 votes--3.9
each day. (In the Senate roll calls have increased from 1.5 a day in 1960 to 3
a day in 1980.)
The sheer logistics of staging four roll-call votes a day are imposing, because
congressmen are rarely on the chamber floor, or even in the Capitol. When
roll-call votes are signaled, congressmen must drop what they are doing
(usually attending committee meetings at one of the congressional office
buildings several hundred yards from the Capitol), race to the floor, vote, and
race back. It is considered political suicide to miss roll-call votes, even
when the subjects are trivial (in recent years the House voted 305 to 66 to
establish Mother-in-Law Day and 388 to 11 to permit the International
Communication Agency to distribute a slide show called Montana: The People
Speak) or when the votes are likely to be overturned later. Since low
attendance has an instant negative connotation, one of the easiest ways for a
challenger to attack an incumbent congressman is to hammer at a "bad attendance
record" on floor votes--a tactic that avoids the issue of whether the
congressman might have made more meaningful use of his time.
Because of the regularity with which redundant floor votes occur, Congress
"never finishes anything, never arrives at a decision," according to Senator
Ted Stevens, of Alaska. "Always they are just preliminary decisions that will
be addressed again later anyway. It's totally confusing to the public, and even
to ourselves." By my count there have been thirty-six "test votes" in the House
and Senate on the MX missile since Reagan took office, most of them
necessitated by some whorl of the budget process. These test votes have been
accompanied by tension, packed press galleries, ringing debate--all the drama
of decision, but no decision. On a Tuesday in December of 1982 the House worked
late into the night debating whether to cut nearly $1 billion from MX funding.
The vote was headline news nationwide and was played as HOUSE KILLS MX. Then,
on Wednesday--THE FOLLOWING DAY--the House voted to retain $2.5 billion for MX
research and development.
The MX IS far from unique as a source of marathon voting. In 1981 the Senate
staged twenty-five roll-call votes on the budget-reconciliation bill (an
interim step) and fifty-five on the tax-cut bill. In 1983 there were eight
Senate roll-call votes on what language to use in condemning the Soviet
destruction of Korean Air Lines flight 007. During three months in 1983 the
House took twenty-seven recorded votes on the nuclear freeze, including eleven
in one week.
Often in recent years the United States has technically not had a budget at all
but rather has operated under a "continuing resolution" that keeps the money
flowing but avoids an official legislative confrontation over the deficit.
Continuing resolutions are popular, in part because they are one of the
mechanisms that allow congressmen to seem to be voting for both sides at once:
they can vote No on the budget itself ("I'm opposed to these deficits") and
vote Yes for individual programs on the continuing resolution ("I brought
increased federal spending to this district"). Similarly, the frequent votes to
raise the federal debt ceiling are technically "temporary" legislation, so that
congressmen can claim that each vote was merely for an emergency stopgap, not
an endorsement of the debt itself. A temporary vote results in the need to have
another showdown over the same subject a short time later, even though it was
known all along that the "temporary" increase would not provide enough time to
make substantial reforms in spending practices. "We are forever staying up all
night to extend the debt one month, doing nothing for a month, and then staying
up all night again," says a highly placed officer of the House.
In recent years there also has been an increase in the use of supplemental
appropriations bills, which are in effect end runs around the stagnated budget
process. A case study in how Congress now works is this year's summer-jobs
supplemental. In March of 1984 the House overwhelminglv passed a bill providing
$60 million in emergency aid for African drought victims. The bill was sent to
the Senate, where immediate passage was expected. Realizing this, Senator
Dixon--who had been looking for means to enact a $100 million increase in
federal summer-jobs funding for high-unemployment states like his,
Illinois--decided to attach his proposal as an unrelated amendment, or "rider,"
to the famine-relief bill. (In the House, amendments must be germane; there is
a similar rule in the Senate, but it is rarely enforced, meaning that in effect
any rider can be attached to any piece of legislation.) In early April, Dixon's
jobs amendment was added to the relief bill without opposition.
All aboard! The train was about to leave the station. A noncontroversial
philanthropic bill--who could be against food for drought victims and summer
jobs for youth?--was ideal as a carrier of baggage. Within ten days the Senate
had attached no fewer than thirty-five more riders to the bill. Among them were
$14 million for the Cumberland Gap Bypass Tunnel; $5 billion for the Commodity
Credit Corporation; $845 million for two child-nutrition programs; $2.3 billion
for the Rural Housing Insurance Fund; $850,000 for recreation in Nassau County,
New York; $70 million for the Corporation for Public Broadcasting, providing
"that none of the funds appropriated under this paragraph shall be used to pay
for receptions, parties, and similar forms of entertainment"; $1 million for
abandoned-mine reclamation grants for Montana; $50 million for crop insurance;
$25 million for United States Customs Service airplanes; $62 million for
military aid to El Salvador; $21 million for aid to the contras in Nicaragua;
extra money for the Senate Stationery Revolving Fund; and a "sense of the
Senate" section praising the Navy's Seabee construction teams as "elite units
of unprecedented mobility and versatility."
Soon the House made known that it wanted the Senate to drop all the riders,
including the summer-jobs provision; Jamie Whitten, of Mississippi, the House
Appropriations Committee chairman, said that the Senate had "overstepped its
prerogatives"--that is, gone wild. Then the mining of Nicaraguan harbors by
contra forces was revealed and became a media event. Congressmen began to
compete to see who could express the most outrage, even though Congress had
supplied the funds with which the mining was carried out. Talk increased of
using certain provisions of the War Powers Act, which would set in motion
another new "process." Passed in 1973, the act was catalyzed by Nixon's
"secret" bombing of Cambodia and invasion of Laos, but its origins go back to
President Truman's decision to commit U.S. troops to Korea without consulting
Congress and to President Johnson's use of trumped-up evidence to trick
Congress into passing the Gulf of Tonkin Resolution. The War Powers Act creates
a sequence of deadlines that so far have served mainly to generate meetings,
testimony, and the appearance of action; its serious provisions, involving the
withdrawal of troops, have never been acted upon.
During the harbor-mining flap, the House held ten hours of floor debate on an
anti-mining resolution, not because there was any doubt about the outcome--the
resolution won 281 to 111--but because so many members wanted a chance to make
a speech with the cameras rolling. The Senate also held a long-winded debate
before voting 84 to 12 to condemn the mining. The votes were headline
news--even though neither was a decision but merely a nonbinding expression of
concern. This "done," Congress adjourned for the Easter holiday.
By mid-May the House had passed a new version of the famine bill, removing some
of the Senate riders. A conference committee was called to resolve the
differences, especially over the now controversial aid to El Salvador and the
Contras. In early May, Jose Napoleon Duarte was elected president of El
Salvador. He met with House leaders and persuaded them of his sincerity, and
House objections to the $62 million in extra aid for his country were dropped.
But the $21 million for the Contras remained in dispute. White House lobbyists
said that they would not support the bill unless aid to the Contras was
included. Stalemate was reached. Famine relief and the summer-jobs measure were
now being held up by a political non sequitur.
In mid-June, Dixon appeared before the Senate's Democratic caucus with a
spending breakdown showing that although the jobs measure was intended mainly
for industrial states, almost every state--forty-four of fifty--would get some
share of the money. This seemed to increase senatorial enthusiasm. Then, at a
televised press conference, President Reagan was asked whether he felt that
employment for the poor should depend on aid to the Contras. Reagan seemed only
dimly aware of what was at issue, but the question had been phrased in such a
way that he came off sounding hard-hearted. A spate of bad publicity resulted,
including editorials in most of the nation's papers.
In late June there was another round of floor debate in the Senate. Aid to the
contras was dropped from the bill, as were a few of the other riders. When
finally approved, the supplemental, which had started with a single provision
worth $60 million, contained twenty-two provisions worth $1.1 billion. Reagan
signed it on July 2--with the intended summer-jobs recipients already well out
of school, and an unknown number of African drought victims, if anyone still
remembered them, added to the death toll.
MOUNTAIN PEAKS
When seniority was in flower, the personal prospects of most congressmen were
limited. There was nothing a congressman might do to speed his ascendancy to
the chairmanship of a committee. He could only wait. If he wished to be able to
deliver appropriations for his district or constituency, his best chance lay in
cultivating the good will of a few older chairmen and leaders--the speaker, the
majority and minority leaders and their assistants, and the party caucuses,
which made and revised committee assignments.
The main way to win the favor of this small group was to keep quiet. Make no
special demands, vote as directed, and never challenge a leadership position or
a senior chairman's bill on the floor. Challenging the power structure might
work on occasion--but the senior members were around for the long haul, and
they had excellent memories for those who crossed them. Stepping out of line
might also cause a congressman to lose the financial support of his party, and
that might cost him his job.
As the tenor of American politics changed--and as, through Watergate, internal
Washington came to be associated with disgrace rather than dignity--Congress
changed. "Today each senator is his own mountain peak, with his own staff, his
own source of financing, his own pet issues, and his own agenda," says Nelson
W. Polsby, the author of several standard texts on Congress.
With the seniority system gone, the rewards of patience are fewer--there's no
guarantee that playing by the rules will lead to a prominent position. The
prominent positions themselves have been devalued, and the penalties for being
a glory-seeker have been all but eliminated.
At the same time, with the expansion of television coverage, playing to the
crowd has become much more rewarding than playing to the club. In 1964, 1,649
journalists were accredited to cover Congress. Today 3,748 are: seven
journalists for each congressman. By far the largest increase has been in the
number of radio and television journalists. While Congress itself is diffficult
for the networks to cover, individual congressmen make ideal subjects for
television. They hold important positions; they speak in catchy phrases that
clip into twenty-second bites; they eagerly seek exposure, and thus are willing
to cooperate with television's requirements; and they have opinions on nearly
everything. Congressmen, in turn--particularly senators, because of their extra
prestige--have found that they can use television to cultivate national
followings that will supply them with fame, donations, and a power base, should
they run for President. Self-promotion has always been a factor in Capitol Hill
affairs, but the advent of television has made it convenient to a degree never
before possible.
The shift. in campaign financing toward direct mail and PACS has an obverse
effect that is often overlooked: the shift away from political-party structures
as a source of funds. In 1982 candidates for the House received, on average,
only six percent of their funds from Democratic or Republican party
organizations. Almost all their money came from PACS and from individuals, most
of whom were PAC-affiliated or solicited by direct mail. Oil-company PACS alone
gave more money to Democratic candidates in 1982 than did the Democratic
National Committee. Party discipline has always been weak in U.S. politics;
there is nothing in the United States that rivals the bitterness and intensity
of Western European party feuds, for example. The two restraints that
congressional leaders have traditionally used on members are the promise of
campaign funds and the threat of seniority freeze-out: with the former now more
readily available outside Congress and the latter lacking credibility, mountain
peaks are heaving up in every direction.
This change affects the substance of government as well as the style of
Congress. Subcommittee hearings held primarily to showcase the chairman waste
not only the subcommittee members' time: someone must testify at those
hearings. Secretary of State George Shultz was called to Congress for formal
testimony twenty-five times in 1983, or every other week; all told, high State
Department officials made nearly 400 appearances. Senator Robert Kasten, of
Wisconsin, says that officials appearing before redundant committees not only
discuss the same topics but use the same words. "Often I'll say to myself,
Where have I heard that before? and realize that it's the exact same speech
that was read by the same man, the week before, at another hearing. If you miss
part of his speech, just go to the next hearing, because he'll be giving it
again."
Constantly going up the Hill to testify--and constantly having to defend budget
requests, which in the multi-tier system are subject to some kind of challenge
somewhere almost daily--affects the efficiency of executive agencies.
Administration officials come to view a good day of committee testimony as
representing the successful fulfillment of their duties. This is an essential
element of Washington make-believe. In turn, congressmen often view an
official's relations with Congress as in itself the measure of success (it was
Anne Gorsuch Burford's refusal to release documents to Congress, not her
policies at the Environmental Protection Agency, that caused her downfall). And
reporters come to view accessibility to the press as the chief test of an
official's worth. The question of what government is actually doing is often
lost in the shuffle.
PRISONERS OF TRIVIA
Trivia, even to the most dedicated Congressman, has its pull. When there are a
thousand small things that demand attention--hearings, floor votes, hands to
shake, parties to attend, and speeches to deliver--the mind tends to focus on
them, and larger purposes are forgotten.
The development in the 1970s of computerized direct mail, for example, may have
given congressmen a powerful new tool with which to raise money, but it also
gave interest groups a powerful new tool with which to bury Congress in trivia.
In 1972 members of the House received 14.6 million pieces of mail; last year
the figure was 161 million, and this year mail is running at a rate of 200
million pieces. That comes to 459,770 pieces of mail for each representative.
On a single day this fall Tip O'Neill, the speaker of the House, received FIVE
MILLION pieces. One staff aide, who worked for Hubert Humphrey in the 1960s and
now works for one of the Senate's lesser-known members, recalls, "During the
height of the debate on the Civil Rights Act of 1964, Humphrey got 3,000
letters. This was considered astonishing. Now we can get 3,000 letters a day
even when there's nothing going on."
Most of the letters are sparked by mass-mailing campaigns made possible by
computers and targeted address lists: it is not unusual for a congressman's
office to receive in one day fifty handwritten letters all of which have
exactly the same wording. But the fact that few of the letters are spontaneous
does not diminish their importance to congressmen; each letter represents both
the concerns of a citizen and a lost vote should the congressman fail to reply.
Failing to answer a letter--even with a form letter--is riskier than missing a
roll-call vote, since the letter constitutes the most direct contact the
average voter will ever have with a political leader.
"People write to us to complain about the expansion in congressional staff,
then get mad if someone isn't standing by to answer their letter," says Janet
St. Amand, the legislative director for Representative Thomas Carper, of
Delaware. Form-letter computers that spew out paragraphs in response to key
words have been installed in congressional offices, and the offices of senators
from large states now more closely resemble mail-order outlets than legislative
enclaves. Senator Dale Bumpers, of Arkansas, was embarrassed a few years ago
when it was revealed that his computer contained a form letter designated "late
apology to friend" that began, "It was good to hear from you, and I hope you'll
accept my apologies for my delay in getting back to you. I had put your letter
aside to answer personally...." Capitol Hill interns and lower-level staffers
now find that their lives consist almost entirely of opening letters,
flattening the contents, and stuffing envelopes with the responses.
Robert Rota, the postmaster of the House, says he sees no end in sight for the
increase in congressional mail: "The stamp will always be the cheapest form of
lobbying, and as long as the enthusiasm for lobbying keeps building, so will
the volume of mail."
One new distraction that members of Congress dare not complain about publicly,
but nonetheless feel, is the physical presence of constituents in Washington.
The increase in travel by average Americans is among those measures of
society's wealth that do not fit neatly into the consumer price index but are
unmistakable. In 1970, 2.8 million people visited the Capitol grounds; the
figure continued to build even through the recent recession, and in 1983 it hit
five million. Crowds are such that it is now sometimes difficult, even during
the week, to walk through the Capitol Rotunda; in the summer, tourists even
abound in the unmarked (purposely, to discourage the curious) underground
passageways that link the functional parts of the Capitol.
When the Philip Hart Senate Office Building was completed, two years ago, there
was a minor revolt among senators who were ordered to move in, in part because
the Hart Building lacks the traditional unmarked doors that allow senators to
slip in and out of their private offices unnoticed.
THE CAMPAIGN THAT NEVER ENDS
Along with the shift from seeking success within Congress as an institution to
seeking national attention and interest-group financial backing went a shift in
corporate campaign contributions in the 1970s--away from incumbents and toward
challengers.
The great bulk of business contributions had always gone to sitting
congressmen, even liberal Democrats, on the "bird in the hand" theory. During
the 1970s, as seniority broke down, conservative chairmen lost their ability to
control liberal younger members, who at times seemed out of touch with the
reasonable requirements of business. Concurrently, oil companies were finding
both that they had huge sums of money at their disposal and that they were
under political attack, by means of the windfall-profits tax and other
measures. Having the money to spend and the desire to spend it, oil companies
broke tradition and began to funnel money to challengers; they hoped either to
defeat the incumbents or to make them so nervous that they would fear their own
shadows. Other business groups joined in. By the time a few "safe seat" senior
members who had always played by the rules lost re-election bids, a new type of
electoral anxiety was created.
As it happened, the attack by business on incumbents had less effect than
anticipated: congressional "morality rates" are about the same today as they
were in the 1950s, and as the anti-business mood of Congress has dissipated,
corporate funding has returned to its traditional pattem. In 1984 business
contributions favored incumbents by a wide margin. Another force has arisen to
feed the anxiety: an explosion in single-interest groups and independent
negative-campaign organizations like the National Conservative Political Action
Committee, which specialize in attack. NCPAC may not be the juggernaut it once
appeared. Its track record of defeating incumbents is modest, and in several
races NCPAC'S efforts have backfired. But the proliferation of groups like it,
armed with millions of dollars, has kept the re-election anxiety level on the
high plane to which business first raised it. In the 1982 congressional
elections the largest single pool of money was the $64.3 million spent by
"nonconnected" ideological PACS. Total corporate PAC spending, in contrast, was
$43.3 million.
Most of the money spent by ideological PACS is used to attack someone or
something, rather than to propose constructive solutions. Negative views sit
well with the public in the wake of two Presidents in a row--Carter and
Reagan--who have campaigned "against Washington." "Americans are by nature
skeptical of authority, and inclined to believe the worst about govemment,"
Representative Willis Gradison, of Ohio, says. "This makes an anti-Washington
or anti-Congress campaign the easiest type of campaign to sell to voters." It
also profoundly affects the tone of politics, making congressmen feel that they
must endlessly justify themselves by endlessly campaigning: merely being in
Washington renders them guilty until shown innocent.
This campaign trend and the growth of television interact with each other in a
diabolical way. "Today, if you can't sell an issue in twenty seconds, you can't
use it," Representative Synar says. "It only takes twenty seconds to say 'Your
congressman is against prayer.' It takes me five minutes to explain why that's
wrong. But television won't give me five minutes. Television demands that I
boil everything down to a single sentence." Synar adds that the only way he can
reply to a negative charge within twenty seconds is with another negative,
knocking the ball back into his opponent's court. This need to be negative
suits perfectly the internal imperatives of television, which congressmen are
increasingly aware of and anxious to satisfy. Television producers assume that
they are struggling to grab viewers' attention every second the set is on: most
viewers are eating, reading, talking, or otherwise distracted. Emotional facial
expressions and confrontations tend to make them look up from dinner, and thus
are prized.
Confrontations also have human story lines that can be grasped by someone who
just walked into the room. Even the viewer who wants to be well informed about
public policy, if he walks in when a complicated discussion is in progress, may
assume that he has already missed too much and change channels, whereas the
viewer walking in during an argument can immediately pick up on what's
happening. Whether Gary Hart's "new ideas" were good or bad, television
reporters tended to skip over them during his presidential-nomination campaign,
because they were complicated and took too long to explain. The fact that Hart
had changed his name and signature, however, could be communicated in a single
sentence, and called forth emotional reactions that made for lively television.
During the much-publicized Roger Mudd interview, Mudd addressed seventeen
questions and comments to Hart. Only one of the seventeen concerned an issue.
All the rest were about style or were confrontational questions designed to
provoke emotional responses. "Why do you imitate John Kennedy so much?" would
embarrass any candidate who was imitating Kennedy and anger any candidate who
wasn't--the perfect television question.
Congress has made a seemingly minor internal-policy change that fuels the
endless campaign: it now pays for members to shuttle back and forth between
Washington and their districts. In the 1960s congressmen were allowed up to
twelve trips home a year. Now they get expense accounts sufficient to pay for
about forty trips. Between government-financed trips and those financed by
trade associations and other groups, most members of Congress now go home
almost every weekend.
The fact that congressmen are out of town on weekends has led to a significant
decrease in personal contact among them. Congressmen who don't know one another
are more likely to believe the worst of one another's motives, and to lack a
sense of common purpose. The introduction into the House, in 1974, of an
electronic voting system that employs magnetic key cards has also played a role
in this change. Jack Gregory, an official in the Office of the Clerk of the
House, says, "Before electronic voting, it took the House forty-five minutes or
so to read the rolls. Members were physically compelled to be in the chamber
during that time, and they didn't have much to do, so often they would chat and
get to know each other. With electronic voting, they can breeze in and breeze
out."
Representative Udall recalls how different it was when his brother, Stewart,
was a congressman, in the 1950s: "He used to drive here from Arizona with the
kids in January, and then in June they'd drive home for the summer. If there
was a fall session, Stewart would drive back here alone and the kids would go
to school in Arizona through the fall; then he'd drive back home at Christmas
to get them. That was all--two trips a year at the most." Now, Udall says, he
himself flies back to Arizona thirty-five weekends a year and sometimes during
the week. "From a campaigning standpoint, it means you no longer have that
excuse, when someone wants you to appear, of saying you won't be back in town
for three months. They know you can get on a plane." Congressmen from the
western states spend about one day a week in transit, flying back and forth. To
accommodate them, congressional schedules are arranged to be light on Mondays
and Fridays, and thus are all the more hectic in the middle of the week.
Another result of all the traveling and campaigning is simply exhaustion. Synar
says, "I am tired, physically tired, all the time, and so are most of the
members I know. Tired people do not always make clear decisions."
BIG MONEY, BIG ANXIETY
Money rarely buys election. In 1982 the republican Party raised five times as
much money as the Democratic Party, but the Democrats won more seats. Money
can, however, buy individual congressmen's votes on a bill, or distort
congressmen's thinking on an issue--normally all an interest group needs to
achieve its ends. Most important to the structure of Congress, the velocity at
which campaign spending has increased over the past ten years has engendered a
permanent state of anxiety in which congressmen can never stop worrying about
fund-raising and the compromises it entails.
In 1974 a total of $72.5 million was spent on congressional races. In 1982 the
amount had risen to $289 million, a 306 percent increase during a period when
the consumer price index rose 96 percent. In 1974 the mean expenditure per
candidate for the House was $53,000; by 1982 it had risen to $228,000. Those
running for senator spent an average of $437,000 apiece in 1974, $1.8 million
in 1982. Most of the new money came from PACS, from direct-mail solicitations,
and from individuals giving at the behest of PACS--business executives who
"voluntarily" made individual contributions to candidates designated by their
firms, for example. Most of the new money has been spent on television, usually
for ads that say little or nothing about matters of substance.
These numbers are impressive enough in themselves, but they represent only part
of the picture. Two almost entirely new categories of campaign spending came
into being in the 1970s--the nonconnected negative spending of ideological PACS
and the "soft money" spending by groups that in order to get around campaign
laws are not officially tied to candidates (most of the big money spent in 1982
for conservative Republicans fell into this category, as did Walter Mondale's
"delegate committee" spending in the Democratic primaries). Of the $190 million
spent by all PACs on the 1982 congressional campaign, only $84 million went to
candidates; the rest went to negative spending or to soft-money commercials in
support of candidates who theoretically had no idea that the commercials were
being made. In many races the amounts of nonconnected negative and loosely
connected soft money spent were greater than party contributions to the
candidates; for example, direct contributions to 1982 Republican candidates by
the Republican Party averaged $18,000, but soft-money expenses to assist them
averaged $264,000.
The rapid acceleration of political spending has taken place for many reasons,
among them changes in the campaign laws, an increased focus on Washington as
both a cause of national problems and a source of lavish bailouts, and the
greater use of ever-more-expensive television time. When the campaign-reform
laws of the early 1970s were passed, the pattern of political giving was for
unions to collect small sums and donate them to Democrats through proto-PACs
like the AFL-CIO's COPE; for small contributors on both sides to send money
more or less spontaneously, usually to addresses they found on campaign
brochures or at the end of television appeals; and for wealthy businessmen to
give large sums to Republicans, in order to receive tax advantages and to win
reputations as players. After Watergate left many large donors either indicted
or humiliated because their contributions had wound up in the hands of the
burglars, businessmen were happy to take a lower profile and find an impersonal
means--the PAC loophole in the new laws--for their gifts.
Between PACS and direct mail it has become possible to raise very large sums on
a routine basis, and the new political environment of obsession with Washington
makes it likelier that companies and individuals will respond when asked. New
money-raising tends to appeal to the lowest common denominator, relying on
negative pitches, scare tactics, and exaggeration--all political standbys, but
refined with targeted marketing techniques.
Political expenditures now function roughly like an arms race in which neither
side wants to keep raising the stakes but each is afraid that if it stops, its
opponent will not. (Like most weapons, most political contributions serve
mainly to cancel each other out.) With expenses constantly rising, there is no
telling how much will be needed for next year's race; several of the
congressmen I spoke to said they had lost track of what a "reasonable" total
campaign expense might be. So, in the manner of the protagonists in an arms
race, congressmen feel compelled to stockpile.
It's there for the asking--who could resist? Representative Henson Moore, of
Louisiana, had $332,000 left over when he won re-election in 1982 by 87 percent
of the vote, and he has continued to raise money at an unflagging pace, adding
another $273,000 through 1983 and the first six months of 1984. Representative
Dan Rostenkowski, of Illinois, raised $519,000 for the 1982 campaign, although
he ran nearly unopposed, and raised another $168,000 in 1983. Rostenkowski is
the chairman of the tax-writing Ways and Means Committee, whose members, along
with those of the parallel Senate Finance Committee, have the easiest time
obtaining donations, since they are in the best position to do specific money
favors for specific industries.
That campaign-law reforms accidentally encouraged PACs is widely known, but the
greater irony is that they have made congressmen MORE LIKELY to sell out, and
to do so on a wider range of issues. Contributions are now limited to $1,000
for individuals and $5,000 for organizations. What is $5,000 to a congressman
who must raise $228,000? Not much, unless he can snare every offer of $5,000
that comes along. No individual contribution is particularly significant; only
many gifts from many interests will suffice.
In years past a politician like Robert Kerr, senator from Oklahoma, might be in
thrall to the oil interests but a free man on other issues. Two or three checks
from the right bank account would have been enough to fund his campaign.
Similarly, in 1974, the year of the reform laws, two or three checks from
wealthy sources could have supplied the mean of $53,000 spent in a House
campaign. Today, to raise a large number of contributions, each small compared
with the total amount required, a congressman takes advantage of every possible
PAC source, and that means making promises to every special interest at every
turn.
As a result, congressmen now owe their first loyalty to PAC interests rather
than to party or public interests. Corporate lobbyists generally want small
favors--a vote on a bill, sometimes as little as a few words inserted into a
regulation or a different effective date on a tax provision. Because the favor
requested is small and specific, congressmen know that lobbyists will be
watching closely to make sure it is delivered; and they know that, by the same
token, very few voters will notice or care whether a commodity-straddle
exemption is retroactive to 1982 or 1981. This makes possible a relationship
between PAC donations and specific votes that is not possible between PAC
donations and general-election returns.
Best Congress money can buy stories have grown so familiar in recent years that
they have lost their power to scandalize and are now thought of as the naive
complaints of good-government wimps. What kind of national government is it
where selling out is so widespread, so generally ACCEPTED that it no longer
causes outrage? In the House recently there have been two rival versions of the
Superfund bill for the cleanup of toxic wastes; studies by the Congress Watch
organization recently discovered that representatives who sponsored the mild
version, favored by business, averaged $4,784 in contributions from
chemical-company PACS; those who sponsored the strict version averaged $532
from such companies. Since 1981, another public-interest group has found,
representatives who regularly voted for bills favored by nuclear-power
interests have averaged nearly four times as much in donations from companies
in nuclear fields as those who regularly voted against. These are but two of
many examples.
There is another reason that congressmen are so concerned with campaign
fund-raising: sometimes they can keep the money. Campaign law allows retiring
congressmen to convert unspent contributions to personal use, as a sort of
informal retirement bonus. So the more a congressman raises, the more he can
make--an exceptionally powerful financial incentive not to rock the boat and
upset interest groups. When Representative Ray Roberts, of Texas, retired, in
1981, he took with him $13,014 from his campaign fund. In 1979 Congress amended
the campaign laws to end such "closeouts" for future congressmen, but those
voting took pains to exempt themselves: any congressman first elected before
1980 will be allowed to keep his campaign funds when he retires.
Congressmen who raise more than they need can also use their money to make
contributions to each other. Many now have their own personal
PACs--Rostenkowski; Stephen Solarz, of New York; and Henry Waxman, of
California, among them. Congressmen make donations to assist congressmen of
like philosophical slant and to increase their own influence in Congress and
within their committees. Well-heeled congressmen competing for the affections
of other congressmen through internal PACs have become another force for
congressional fractiousness
An interest group wishing to make a cash payment to a congressman need not
resort to the roundabout means of investment in a retirement fund: it can
simply give an honorarium for a speech, money that goes straight into the
congressman's pocket. Eleven senators earned more in 1983 from speaking fees
than from their salaries. Richard Lugar, of Indiana, netted $129,065 (after
contributions to charity) from honoraria; Robert Dole, of Kansas, netted
$106,917; and twenty-one senators took in more than $50,000. Corporations
pushing a bill that limits product liability paid $34,000 to Senator Paul
Laxalt, of Nevada $30,350 to Senator Orrin Hatch, of Utah, and $26,250 to
Senator Kasten from 1981 through 1983. Similar fees have been paid by other
lobbying interests to other congressmen for speeches, and PAID is the proper
word: while congressmen use the word HONORARIA to make their appearances sound
like some lofty philanthropic activity, anyone else who makes a speech in
return for a fee is referred to as paid.
Honoraria are possible because Congress excluded itself from the
conflict-of-interest regulations it imposed on others. If a White House aide
accepted $34,000 from a company trying to influence the Administration's stand
on the product-liability bill, there would be loud calls in Congress for the
aide's head. Edwin Meese's nomination as attorney general was thrown into limbo
because Meese borrowed less than congressmen routinely take.
Congressmen also suffer from anxiety relating to their own salaries. Inflation
has reduced the buying power of congressional pay by about 40 percent since
1972, while the salaries of corporate executives have gone into orbit. Both
senators and representatives make $72,600 and have an honoraria limit of$21,780
(a law limiting honoraria to 30 percent of a congressman's salary was passed
recently, after bad publicity about the huge fees).
Yet congressmen spend their time determining the fates of people who make
substantially more--lobbyists earning $150,000 to $500,000 a year solicit them,
television newscasters pulling down six-figure salaries (thanks in part to
monopoly licenses Congress gave the networks) interview them, corporate
executives beg them for tax favors and import restrictions that will translate
into higher executive bonuses. The resentments that arise may not reflect
favorably on those who profess to be public servants, but they are nevertheless
real and they prey on congressmen's minds, especially since congressmen tend to
view themselves as executives of the world's largest and most important
corporation. So whereas $72,600 a year is a lot to the average person, it can
easily seem paltry to a congressman; the resulting salary anxiety both
distracts congressmen from the people's work and encourages the type of
rationalization according to which there's nothing wrong with taking $5,000
from a chemical company and voting on its bill the following day.
Congress voting itself a raise is among the most charged of all political
topics, yet the public might find it far cheaper in the long run to give
congressmen a sizable increase--say, to $100,000--while barring them from
outside income of all kinds. The extra few million could be a bargain compared
with the money that would be saved if congressmen no longer had an incentive to
avert their eyes from billions in cost overruns and sweetheart deals, just to
be able to skim a few thousand off for themselves.
MULTIPLE LOBBYING
There are so many lobbyists because there are so many opportunities to lobby.
The breakdown of the seniority system and the weakening of congressional
leadership has drastically increased the number of people on whom the touch
must be put.
A well-informed veteran lobbyist says, "There used to be two to five guys on
each side [House and Senate] who had absolute control over any category of
bills you might want. All you had to do was get to them. Now getting the top
guys is no guarantee. You have to lobby every member on every relevant
subcommittee and even [lobby] the membership at large."
Another lobbyist, Eiler Ravnholt, who was for twelve years the administrative
assistant to Senator Daniel Inouye, of Hawaii, and who now represents the
Hawaiian Sugar Planters Association, adds that it has become necessary to lobby
the expanded staff as well. "In the present environment congressmen spend so
much time campaigning that they have no choice but to cede much of the
legislative authority to their staffs," Ravnholt says. "During the 1960s it was
not unusual to walk into the Senate library and see Sam Ervin sitting at a
desk, researching a bill. Ervin was an exception, but not that much of an
exception; until fairly recently many congressmen played active roles in the
legislative detail work. Now they can't. Nobody can. The staff does the detail
work, and so you must lobby the staff." And where before there were a few
important individuals on the House and Senate staffs, now there are
thousands.
And thousands of lobbyists. There are 6,500 registered lobbyists in Washington
(twelve for every congressman), but the figure does not include
trade-association officers, lawyers working on retainer to clients, or liaison
officials of corporations with Washington offices. The generally accepted total
is about 20,000, or thirty-seven lobbyists for every congressman. Determined
interest groups often hire several lobbyists, whose contacts grant access to
different sectors of Congress. Brewers pressing for a
beer-distribution-monopoly bill have, for example, hired the firm of Wagner and
Baroody (all-purpose lobbying), Kip O'Neill, son of Tip O'Neill (access to
Democrats), the former congressman John Napier, of South Carolina (access to
Republicans), and Romano Romani, a former aide to Senator Dennis DeConcini
(access to senators). So many lobbyists in Washington now represent so many
overlapping interests that a subspecialty has sprung up--lobbying among
lobbyists.
The budget process has been a veritable boon to the lobbying profession. With
multiple votes, there is a steady progression of brush fires for lobbyists to
stamp out--increasing their clients' anxiety and willingness to pay high
fees--and also many more opportunities for a lobbyist to make his case. "Now
they can wear you down," Senator Patrick Leahy, of Vermont, says. "You might be
able to hold out for the public interest on the first, second, third, fourth,
fifth votes, but on the sixth vote they're back again, and many give in."
Unlike the public, whose attention fades from an issue when it appears that the
struggle has been fought and finished (HOUSE KILLS MX), lobbyists have an
interest in duplication. Billing by the hour, they are only too happy to have
the process drag on interminably. And their attention does not wander: the many
minor budget votes that become a blur even in the minds of congressmen are a
perfect vehicle for quietly winning concession after concession. Representative
Udall says, "The more fragmented the system is, the easier it is for pressure
groups to exert control. This is a side effect of our reforms no one
anticipated."
When a House-Senate conference committee working on the "deficit down payment"
bill went into all-night session last June, the other congressmen went home,
but the lobbyists stayed. As Rostenkowski and Senate Finance Committee Chairman
Dole emerged with an agreement at 5:30 A.M., they found about a hundred
lobbyists still sitting outside the conference room. Among the 282 provisions
of the bill, which was supposed to reduce the deficit, was a new $1.4 billion
tax break for insurance companies; $600 million in reduced capital-gains taxes;
$300 million in extra benefits for commodity traders, mainly in Rostenkowski's
home town, Chicago, who had used tax straddles (the benefits were for
"professional" traders, not ordinary citizens--only for the people who were
supplying the money Rostenkowski doesn't need), and other favors.
So pervasive are lobbyists in Congress that it is not uncommon to see them
crowded outside the main chamber doors in the House and Senate giving thumbs-up
or thumbs-down signals to congressmen rushing in for roll-call votes.
Photographers are forbidden to take pictures by the chamber doors, so they
cannot capture this spectacle. Lobbyists became upset recently when, in the
wake of the Senate bombing, Capitol security passes were issued. The lobbyists
were granted access privileges, but their passes were blue, whereas staff
passes were red or yellow and press passes green; this made it easy to tell
when a congressman was in the company of a lobbyist. Fortunately for lobbyists,
it has become fashionable on Capitol Hill to wear one's pass tucked into one's
shirt pocket.
Ideological lobby groups have increased in number since the early 1970s; most
specialize in anti-politics and take pride in bringing Congress to a halt. The
increases in roll-call voting have been caused partly by ideologically extreme
congressmen who demand recorded votes even when they know they will lose, in
order to create a record they can run against--a sort of anti-Washington index.
In the winter of 1984, when the school-prayer issue was at its peak, many
senators felt that a silent-prayer amendment stood a good chance of passing.
But Reagan Administration lobbyists were adamant that a silent-prayer amendment
not be allowed on the floor, for the very reason that it might succeed. They
were hoping instead to lose a roll-call vote on vocal prayer and thereby create
a convenient list of "against prayer" Democrats for Republicans to attack
during the fall campaign.
Like expanded staffs and extra subcommittees, interest groups, once they are
formed, take on lives of their own. Senator Leahy explains, "Say a group is
created to campaign for an issue, like school prayer. Once it has a director, a
staff, and a mailing list, it is not going to go out of business if the staff
has anything to do about it. They will look for another issue. Half of the
interest groups are really running on self-interest, the interest of the staffs
in keeping their jobs." Jesse Helms's National Congressional Club, as the
journalist Tina Rosenberg has documented, raised $9.3 million during the 1982
election cycle, ostensibly to aid conservative causes, but gave away only
$150,000; fully 98 percent of the contributions went to salaries and
overhead.
Congressmen have many money-related reasons to be tolerant of lobbyists, among
them that an increasing number of retired or defeated congressmen are staying
in Washington to become lobbyists themselves. Of 856 living former congressmen,
roughly 25 percent are still in the Washington area--although fewer than one
percent came from the Washington area originally. Every longtime Washington
observer I have spoken to agrees that the percentage of congressmen staying in
Washington is much higher today than it was in the past. Even the percentage of
offspring and siblings in lobbying is up, as Bill Keller, of The New York
Times, has written. Besides Kip O'Neill (whose firm lobbies for sugar and
cruise-ship concerns in addition to beer), there is Robin Dole, daughter of
Robert Dole (a lobbyist for Century 21), Jamie Whitten, Jr. (steel, barge, and
cork interests), Virginia Brown, daughter of House Majority Leader James Wright
(National Association of Homebuilders), Michelle Laxalt, daughter of Paul (oil,
Wall Street, Hollywood), John Laxalt, brother of Paul (South Korean industry),
James Schroeder, husband of Colorado Representative Patricia Schroeder (Israeli
interests), and others. Everybody's doing it--why not me? Or my family?
Even the number of Congress's internal lobby groups, or caucuses, has risen.
Today twenty-seven formal caucuses have staffs and receive federal funds;
another sixty operate informally out of members' offices. Current caucuses
include the Senate Copper Caucus, the House Footwear Caucus, the Congressional
Port Caucus, the House and Senate Steel caucuses, the Senate Tourism Caucus,
the Congressional Crime Caucus (not a fund-raising group), the Senate Rail
Caucus, the Congressional Coal Group, the Congressional Jewelry Manufacturing
Coalition, the Congressional Alcohol Fuels Caucus, the Senate Children's
Caucus, and the Congressional Mushroom Caucus.
NO FUN ANYMORE
"I often feel that by the time I arrived in Congress, in 1974, the fun was
over," Representative Gradison says. "All the landmark legislation, the laws
that were exciting and glorious to take part in, had been passed. Now the bills
were beginning to fall due, and there would not be glorious work for us, just
the struggle to pay those bills."
Through the 1960s and early 1970s Congress made history time and again: the
Civil Rights Act; the Voting Rights Act; the Clean Air and Water acts; Medicare
and Medicaid; the Resource Conservation and Recovery and Toxic Substances
Control acts, which started federal action against toxic wastes; new federal
housing programs and aid to education; the successful battles against Nixon and
the seniority system; public financing for presidential races; disclosure laws
for federal candidates and officials--the list goes on.
Twenty years ago a congressman looking at the nation saw wrongs, like legally
sanctioned discrimination, that could be righted simply by changing the law. It
can be argued that today's political horizon is far different. There are many
intractable dilemmas, but few open-and-shut cases such as raw pollution being
pumped into a stream. Most current social problems don't have self-evident
solutions of the type that Congress could codify in bills and announce
tomorrow. Stopping the poll tax against blacks was one thing; moving an entire
generation out of the ghetto and into the economic mainstream is quite another,
and it's not at all clear how that can be done.
Congressmen face, instead, the tasks of reining in dramatic programs of
previous Congresses and cutting the deficit, which are neither politically
glamorous nor pleasant tasks. "They build statues and name schools after people
who promote great programs," Representative Bill Frenzel, of Minnesota, says.
"They never build statues for people who have to say no."
Indeed, what with the fragmentation of Congress, the inherent unpleasantness of
cutbacks, and the eye-glazing vista of deficits of $172 billion, it becomes
difficult for congressmen to take seriously the idea that any one particular
cut matters. Everybody's taking what they can get--why should my program be the
one to suffer when the deficit is so vast? What difference could another few
hundred million possibly make?
Traditionally, congressmen find it easiest to advocate a bold new spirit of
austerity in someone else's state or district. But there is a sense in which
congressmen do not even mind excessive spending in other districts: it creates
an atmosphere in which overspending is the norm and money for pet programs is
less likely to be challenged.
In June, when the $18 billion water-projects authorization bill was about to go
to the House floor, James Howard, of New Jersey, the chairman of the Public
Works Committee, circulated a roster of the House with black spots next to the
names of members in whose districts were programs he planned to attack if they
voted against the water bill. Included in the Public Works Committee's bill was
$189 million for a dam in the district of the committee's ranking Republican,
Representative Gene Snyder, of Kentucky. Representative Harold Wolpe, of
Michigan, who got a black dot, told T. R. Reid, of The Washington Post, "You
always hear rumors in the cloakroom that they'll kill your project if you dare
to oppose anybody else's, but this is the first time I've ever seen them put it
on paper....It's extraordinarily blatant." The more spending in general, the
more for my district: everybody does it. Any congressman who goes after another
congressman's program knows his will be attacked in turn, both by the
congressman and by the program's PACS and lobbyists. Even a congressman who
might be willing to accept a cut in his own district knows that in the present
undisciplined environment he would be played for a sucker; no other congressmen
would join in the sacrifice.
This attitude helps explain why, for example, nearly every Congressman favors
cutting the defense budget in the absttact but votes to preserve the individual
programs that make up that budget. In 1983 Congress ADDED $4.6 billion to the
Pentagon appropriations that President Reagan had asked for. Defense lobbyists
in particular are adept, when budget showdowns approach, at avoiding any
discussion of whether their projects are the efficient or otherwise proper
choice, and at framing the issues strictly in terms of jobs: Congressman, this
vote represents 2,000 jobs for your district. Any government expenditure
creates jobs--the question is what jobs are best for the nation when national
needs, finances, and policies are weighed. But this question is seldom posed to
an individual congressman. The question posed is, Do you want these jobs in
your district today or not? Do you want your name on them or not?
These considerations apply to most government spending decisions; but they do
so with unusual force in defense because of the twenty-second rule. A
congressman who presses to reform specific defense programs will win little
political credit. Few voters knew or care what, say, an AGM-65D is; there's no
reason why a voter should, and the benefits of pentagon reform--lower deficits
and greater national readiness--are long-term and directly felt by no one. At
the same time, any congressman who challenges a military-spending program
exposes himself to the twentysecond charge of being "against defense."
Cutting back and slowing down giveaways has never been fun. For example, it
took a public outcry in the late 1940s to kill the excise tax and color
restrictions on margarine, which were bald favors for the dairy lobby. But now
the congressional agenda seems to consist almost entirely of no-fun issues, and
there is no indication that Congress is ready to face them.
The results of the 1984 summer session are suggestive. Congress went into the
session having passed the "deficit down payment" bill, which included $50
billion in tax increases over a three-year period but only $13 billion in
spending cuts--mostly from Medicare payments, although $1.1 billion of the
"cuts" came from postponing payment of military retirees' cost-of-living
adjustments (COLAs) so that they would fall in the next fiscal year. (On the
same day that the House Budget Committee was making its "down payment," the
full House was approving initial funding for the space station, which makes for
a dramatic election-year announcement, and costs little now, but commits the
nation to spending at least $8 billion over the next few years to build the
project and many billions more to operate it.)
During August two of the leading boondoggles at present, the Synthetic Fuels
Corporation and subsidized operation of the Hoover Dam, came up for votes.
There was a chance to kill synfuels subsidies, but only limited cuts were made,
and $8 billion was left in the.program. Meanwhile, power subsidies for the
Southwest, where electricity from federally financed dams costs about one
twelfth what consumer-financed power costs in the East, were preserved and
extended until 2017 at a cost of at least $6 billion. These two acts alone
wiped out all the cuts in the "deficit down payment."
Through the summer congressmen continued to try to have fun, passing new
spending bills: $1 billion extra for college financial aid, $175,000 to study
promotion of Iowa commerce, $2.5 million for the city of Oakland to restore a
presidential yacht, $1 million for business loans in Queens, $12 million for a
highway-safety "demonstration" program in Michigan, increases in the
Corporation for Public Broadcasting's budget, then $130 million, to $270
million a year by 1989, an extra $350 million in postal subsidies, $500,000 for
a golf course near Capitol Hill. Congress was only following the example of the
President. At a news conference on July 24 he had condemned Congress and blamed
its "do-nothing Democrats" for failing to pass a balanced-budget amendment. He
went on to ask for a $5 billion bonus Social Security benefit increase, a new
IRA tax break, extra tax benefits for business in enterprise zones, and more
tuition tax credits for private schools.
1920s, 1980s
Henry Bellmon, a senator from Oklahoma, retired in 1980 to return to his farm
near Billings, grow wheat, and raise cattle. He had been the ranking Republican
on the Budget Committee; had he stayed, he probably would have become chairman.
When I spoke with him, the latest Congressional Budget Office estimates had
just been released. There would be a $172 billion deficit this year (the
all-time record, before Reagan, was $66 billion). Federal borrowing would be
$175 billion, about the same as the deficit. Interest on those loans would
account for $110 billion, or close to twice the highest pre-Reagan deficit for
interest alone: little principal would be retired.
The CBO projected that EVEN IF ECONOMIC GROWTH CONTINUES UNABATED, the deficit
will be $263 billion in 1989. If growth is moderate, the deficit will be $308
billion. The CBO didn't calculate what might happen if there is another
recession. "There simply aren't enough discretionary cuts left to affect
deficits like that," Bellmon said. He proceeded to recite the basic breakdown
of present federal spending:
Entitlements (mainly Social Security, Medicare, military and civil-service
pensions): 45 percent
Welfare: less than one percent
Defense: 28 percent
Interest on the federal debt: 14 percent
Everything else: 13 percent
Percentage of present federal spending that is deficit spending: 20
Bellmon explained, "That means that if you cut out absolutely everything
government does that is not related to entitlements or national defense, you
would still have a deficit." Absolutely everything would include closing down
the FBI, the State Department, the CIA, and all other federal agencies; ending
all education grants and revenue-sharing grants to states and cities ("fiscally
sound" local governments are financed in part by the federal deficit, although
mayors and governors usually forget to mention that when they condemn the big
spenders in Washington); stopping all farm price supports and all federal
construction and maintenance of highways, bridges, waterways, subways, and
dams; ending Federal Deposit Insurance Corporation protection of bank deposits
and cutting off all federally subsidized mortgage loans; closing down the
National Aeronautics and Space Administration, the National Science Foundation,
the Centers for Disease Control, the Smithsonian, and the National
Transportation Safety Board; ending all border patrols and abolishing the
Immigration and Naturalization Service; ending all airtraffic control, all
inspection of nuclear-power plants, all monitoring of stock fraud through the
Securities and Exchange Commission, all federal arts funding, all federal
courts, all national parks.
"Under these conditions we have only three choices," Bellmon continued. "What
must happen is either a major arms-reduction agreement with the Soviets that
will allow us to cut back drastically on defense. Or a major reduction in the
COLAs for everybody. Or a major tax increase. Those are the choices."
In other words, except in the unlikely event of a new detente, the message of
politics in the 1980s must be, Expect less--either less Social Security and
Medicare and lower pensions or less income after taxes.
In the 1920s society lived well beyond its means and pretended that tomorrow
would never come. Is the United States Congress, in its present state, able to
deal with tomorrow? Can it take the message to the voters that they should in
every way expect less?
In early January the Ninety-ninth Congress will prepare to convene. The first
few days, in which the party caucuses will meet to make committee assignments
and alter rules, will set the tone for the next two years. Here are some
possibilities congressional leaders might consider:
Committee structures should.be combined and simplified; particularly, the
quadruple budget/appropriations/authorization/revenue sequence should be
reduced by at least one phase. The most logical and least turf-destructive
reductions would be to combine the budget committees with the revenue
committees, putting the combined groups in control of overall
revenue-versus-appropriations ratios, and to eliminate the appropriations
committees. Money and policy amount to the same thing. Why must Congress
pretend otherwise?
Seniority-system reforms should be reeled back somewhat--not to return to the
stagnant old days but to stop the tail from wagging the dog.
Congressmen should receive a substantial raise and in return be required to
forsake all forms of outside income. They are supposed to function as judges of
society's needs; they should be as far above reproach (and influence) as
judges.
There should be an absolute freeze on present federal-spending levels,
extending to all entitlement programs and defense. If Congress wanted to
allocate more money to one program, it would have to take some away from
somewhere else. Congressmen cannot hope to reverse the "everybody does it"
mentality of deficit increases without a political tool--a means by which they
can argue to constituents (in simple, twenty-second terms) that they would like
to give them more but just can't. There is nothing in the original social
compacts of Social Security and other entitlement programs that confers a
"right" to perpetual increases or to benefits for those who don't need them;
those "rights" are political creations of Congress, and can be reversed.
A pay-as-you-go law should be enacted. Advocated by Senator John Glenn and
others, pay-as-you-go would be a direct means of accomplishing what the budget
process attempts to accomplish indirectly: tying government revenues to
spending. Any legislation allocating new funds would at the same time have to
provide a source for those funds, in the form of either a tax increase or a
deduction from another program. When a person buys something, he considers the
purchase not in the abstract but in light of how much he has to spend and what
will be left over for other purchases. Businesses act the same way. Only
government separates the question of what to spend from what is affordable.
Pay-as-you-go would have far more teeth than the strictly symbolic
balanced-budget amendment, which would require Congress to balance the budget
unless, on an annual basis, it voted otherwise. The balanced-budget amendment
would add another showy "process" but no actual discipline.
Budgets should be drawn up on a two-year cycle to reduce duplication.
Multi-year procurement cycles should be employed for the development and
manufacture of complicated items like weapons. Military contractors may feed at
the public trough in a shameless manner, but in their behalf it should be said
that changing their instructions regularly, as Congress is prone to do, does
not make for efficient business. To help longer-cycle budgets work, Congress
should devise a "this time we really mean it" clause that could prevent budget
decisions from being constantly re-opened for tinkering.
Lobbyists should be denied access to the Capitol. Of course lobbyists are not
all sinister; most are simply doing their job. But the number of supplicants
gathered round to demand handouts makes it difficult for congressmen to think
clearly. Imagine lobbyists for parties in a lawsuit allowed in to see the
judge--how credible would his decision be? And having lobbyists crowd outside
the chambers of the House and Senate, flashing thumb signs to congressmen like
coaches issuing orders to Little Leaguers, is a national disgrace.
There should be a cap on total campaign expenditures for each candidate. The
existence of PACS and interest groups is far less corrupting than the need to
raise great and ever-greater sums. If House races were limited to, say,
$100,000 and Senate races to $500,000, the temptation to pander would be
greatly reduced. Also, all campaign funds unspent after a given election should
either be returned to donors or be contributed toward retiring the federal
debt. If there were a cap on what congressmen could spend and no way for them
to hoard what they didn't spend, fundraising would be far less addictive than
it is today. Restraining nonconnected and soft-money groups would not be as
easy as restraining congressmen. But at least this proposal would get the
congressmen out of fund-raising and back to their responsibilities.
What can be done to restrain indirect spending on campaigns when the
Constitution guarantees freedom of speech? Preserve that freedom by limiting
all advertising TO SPEECH. Whether by candidates or by representatives of
soft-money or ideological groups, only SPEECH, in which an actual, real, named,
identifiable person stands and talks, would be permitted. No electronic
graphics; no talking cows; no actors pretending to be men in the street; no
sunset walks along the beach. Banning Madison Avenue-style advertising from
politics has been advocated by Curtis Gans, the director of the Committee for
the Study of the American Electorate. The Supreme Court ruled in 1976 that
money used to buy time on or space in communication media equates to the
freedom of speech. This ruling has caused many people to think that the Gans
approach would be held unconstitutional. But what do special effects, actors,
and graphics have to do with any freedom we hold dear? Their purpose is to
evade political debate, not advance it. Let money be used to buy TV spots, but
only ones that hold to a standardized format, in which real candidates or real
spokesmen for groups stand before the same solid-color background and state
their ideas--whatever those ideas might be--with absolute privilege. This would
surely satisfy the Founding Fathers, reduce the cost of campaigning, and by the
way return the focus of politics to the issues.
The congressional calendar should be fixed, making it harder to put off
decisions over and over again. A quarter system might be appropriate. During
three quarters of the year congressmen would not be permitted to shuttle home
to campaign but would be required to stay in Washington and attend to their
work. During the fourth quarter Congress would shut down, and congressmen could
return to their districts to find out for themselves what is happening there.
During this time they could also hold away-from-Washington hearings--an art
that died with television and instant access to publicity--in order to hear
testimony from average Americans, not members of the Washington expert set.
None of these reforms would be easy to implement, especially those that involve
intrusions upon existing turf and perquisites. But if congressmen cannot govern
Congress, how can they hope to govern the country?
In 1984 several governors were begged by national party officials to run for
Senate seats; all refused, seeing no reason to surrender jobs where they could
accomplish something useful in order to submit themselves to the 535-ring
circus that is Congress. A generation ago the idea of politicians who would
rather avoid joining the Senate would have been outrageous; now it seems
perfectly reasonable. Congress, unique among our government institutions, has
control over its own fate--it can't blame another branch of the government for
its condition. Before Congress can lead the nation, it must be able to lead
itself.
Copyright © 1984, Gregg Easterbrook. All rights
reserved.
The Atlantic Monthly; December 1984; What's Wrong With Congress; Volume 254, No. 6;
pages 57-84.
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