жас ғалыМдаРдың зеРттеулеРі
исследования Молодых уЧеных
younG scientists’ reseArch
d. satenov
The analysis of the health insurance system in the US,
as an opportunity for implementing it in Kazakhstan
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program may be given only to children whose parents are unemployed or only one of the parents
work. In response to the expansion of the Medicaid program in Congress the opposition of the
governments States objects. The National governors’ association called for the biennial moratorium
on Medicaid spending, arguing that the state budgets have been exhausted by previous expenditure
on this program.
It is clear that the Medicaid program with all its difficulties, as a whole has played a very constructive
role in the field of health education, and including in the maternal and child health care. In addition,
Medicaid covers the expenses, related to the stay and long-term care homes in nursing care. The
role and limits of governments of both levels in the program are clearly defined and are stipulated
by law.
It is expected that the federal government in practice is engaged in strategic construction program,
reinforcing its participation in each case, as a rule, more than the state, by shares of resource
support, and state government, using a high degree of independence in the actions, taking into
account the specific circumstances in own regions, and its financial capabilities are implementing
this program in the life.
4. Conclusions
1. Looking at Kazakhstan and the US demonstrates that the activity of the state in the management
of health care is objectively necessary since there is, on the one hand, an urgent need for compliance
with national priorities in the area of health care to the population, and, on the other, the need for
combining real-world capabilities of the state with the sometimes conflicting interests of individual
layers and groups with a society. Satisfaction with these objective needs of the society is the essence
of responsibility of the public authorities in the field of health care.
2. The experience of the United States shows that in the context of a market economy, the best
structure is a public health insurance system. In Kazakhstan, therefore, the introduction of health
care based on the public health insurance seems appropriate, and, objectively measured, would
seem to best meet the needs of any country with a market economy.
Examining the US system also demonstrates the principle of the social responsibility of employers
for the preservation of health among the employed workforce. It is a necessary condition for health
insurance in a civilized society: the state has a limited capacity to solve problems in medical care by
simply increasing the scope of resources.
In Kazakhstan, we need an effective organization of the health care system, an organization that
can provide real payment for the services being provided by medical practitioners.
It is extremely important that the real price, in the first place, be based on a balanced demand and
supply, and secondly, that there is no monopoly position, distorting real prices.
3. In the US, programs in public health insurance like Medicare provide an important mechanism
in the achieving of social balance in US society. Along with the other public social programs, it
performs the role of an “anti-roll bar,” aligning opportunities of access to health care for various
groups of the population.
Through this program, not only is access provided for the aging and elderly to the health care
services, but also improved quality is also provided. Medicare is the evidence of social responsibility
of the American state for its citizens. And although the state medical program Medicare does not
solve all the problems in the field of health care for elderly citizens, it has a great value: it provides
Americans with a sense of confidence and calm in the present.
Any changes to Kazakhstan’s structure, therefore, must also provide this same social balancing
and access to quality care.
4. In the US, the distribution of Medicaid costs, from a socio-economic point of view, functions as
a redistribution of income in the country, and thus as a tool for not only equalization of opportunities
for the various categories of the population, but also maintenance of the relative balance in starting
opportunities for different economic potential and development of states. This characteristic
distinguishes Medicaid from the Medicare. This type of program medical welfare could appear only
when sufficiently developed physical and financial resources exist in a state as a whole and when
there is an interest in maintaining socio-political fairness in the country. This function of redistributing
costs and maintaining equity will also need to be preserved in any changes to Kazakhstan’s health
funding structure.
references
1 The state program «Salamat Kazakhstan» is aimed at building a more competitive health care system
// http://www.zakon.kz/181731-gosprogramma-salamatty-kazakstan.html
2 New horizons for public health in Kazakhstan, Altyn Aringazina; Macdonald Gordon Global Health
Promotion; 2006.
3 Organization for Economic Cooperation and Development, «OECD Health Data 2007: Statistics and
Indicators for 30 Countries» (Paris: OECD, 2007).
4 Health Insurance // http://www.usa.gov/Citizen/Topics/Health/HealthInsurance.shtml
5 Health care in the United States // http://en.wikipedia.org/wiki/Health_care_in_the_United_States
6 Medicare Benefits // http://www.medicare.gov/navigation/medicare-basics/medicare-benefits/medicare-
benefits-overview.aspx
Дата поступления статьи в редакцию 17.06.2012
удк 332.1
G. smagul
the undergraduate of National school of public policy
of the Academy of public administration
under the President of the Republic of Kazakhstan
PoliticAl decision-mAKinG by the eXAmPle
of the APProVAl And imPlementAtion of trAde AGreements
Abstract
This article discusses the process of political decision-making by the example of trade agreements.
Keywords: poliсу, decision, system.
аңдатпа
Мақалада сауда келiсiмдерi мысалындағы саяси шешiмдердi қабылдау процесі қарастырылады.
Тірек сөздер: саясат, шешiм, жүйе.
аннотация
В статье рассматривается процесс принятия политических решений на примере торговых соглашений.
Ключевые слова: политика, решение, система.
Introduction
Every day in every country, regardless of its political system and regime adopted a variety
of political decisions. These decisions may be in the form of presidential decrees, laws, political
statements and declarations of various political parties and movements, and finally, the marks on
the ballot.
The degree of importance is different – it all depends on who makes the decision and what it
concerns. However, each of which determines the direction of the political process – even the voice
of the voters in the elections could lead to drastic changes in the political system of a country. The
solution – it is primarily the choice of the best alternatives. Political decision-making can be divided
into two parts – the search for alternative decisions and the choice of which one that will provide the
most effective result [1].
Thus, a political decision – is to develop several options for action to address the political problems
arose and a further selection of the optimal (best) of them, the implementation of which should fix the
problem with maximum efficiency.
The special position in the American political institutions is the U.S. Congress.
In the process of political decision-making in Congress included much of the existing state
institutions and political actors, such as the U.S. President, the House and the congressional
committees, political parties, interest groups and lobbies, as well as other political actors, except for
the institutions of the judiciary, part of which is provided Constitution of the United States during the
legal expertise of the adopted laws. That way, exploring the decision-making process within the U.S.
Congress, can be identified as the main regularities and specific features of interaction of the main
political actors [2].
жас ғалыМдаРдың зеРттеулеРі
исследования Молодых уЧеных
younG scientists’ reseArch
G. smagul
Political decision-making by the example
of the Approval and Implementation of Trade Agreements
ÌÅÌËÅÊÅÒÒІÊ
ãîñóäàðñòâåííîå
óïðàâëåíèå è
ãîñóäàðñòâåííàÿ
ñëóæáà
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129
At the same time relationships of subjects political decision-making in the U.S. are determined to
a greater degree of historically established procedural practices, rather than the U.S. Constitution.
These practices are procedural precedent and over time, both as fixed rules enshrined in the Charter
of the United States Congress, and in the form of unwritten, but accepted by all the rights of certain
persons in decision-making (the right to legislative initiative of the President). Thus, it is the existing
system as of written and unwritten rules of practice and procedure defines the process of political
decision-making. These practices do not depend on the political situation and, thus, serve as a
guarantee of the stability of the U.S. political system.
In general, the current U.S. system of political decision-making is strictly within the framework of
practices and procedural rules that govern all the subjects of decision-making.
So I present in my work process of Political decision-making by the example of the activity of the
U.S. Congress in Approval and Implementation of Trade Agreements.
Procedure for Congressional Approval and Implementation of Trade Agreements
Trade agreements on tariff-and-nontariff barriers, including those establishing free-trade areas,
must be approved and implemented by the enactment of implementing bills, for the consideration
of which expedited legislative procedures have been enacted. The trade authorities procedures,
provide for mandatory introduction and consideration of an implementing bill with deadlines for
individual legislative stages, prohibit any amendments, and require an up-or-down vote.
The United States has recently completed, or has in progress or intends to enter into, negotiations
with foreign countries of a number of bilateral or multilateral trade agreements establishing free-trade
areas (FTAs); since they contain modifications of nontariff as well as tariff trade barriers, they require
changes in U.S. trade legislation. For the enactment of such legislation and its implementation,
specific procedures are set out in trade law, which provide for expedited congressional consideration
of the relevant measure if specified conditions required by law are complied with. The expedited
consideration, originally called “fast track” procedure, but recently also named “trade authorities
procedures (TAPs)”, provides for mandatory consideration of the measure once introduced, with
specific deadlines for each legislative phase; allows no amendments; and requires a final up-or-
down vote [3].
The steps in the expedited procedure for the legislative consideration and enactment of an
implementing bill, and the implementation of the underlying trade agreement:
1. Enactment necessary
The agreement can take effect only if it is approved by the enactment of an implementing bill.
2. Transmittal of the agreement by the President to Congress
After entering into an agreement, the President is required to submit to Congress the final legal
text of the agreement, together with a draft of the implementing bill, a statement of any administrative
action proposed to implement the agreement, and sundry supporting information. While the law
specifies no deadline for such submission, it must take place on a day on which both Houses are
in session. Failure to comply with this submission requirement would prevent the agreement from
entering into force.
3. Mandatory introduction of implementing bill
On the day the trade agreement, the implementing bill and the supporting documents are submitted
to the Congress, the implementing bill must be introduced (by request) in both Houses of Congress
by their respective majority leaders for themselves and the minority leaders, or by their designees.
4. Committee referral
In either House, the implementing bill is referred to the appropriate committee or, in the likely
case that it contains provisions within the jurisdiction of more than one committee, jointly to such
committees for consideration of matters within their jurisdiction.
5. Amendments prohibited
In either House, no amendment to the bill is in order, nor is a motion to suspend the no-amendment
rule, or a request to suspend it by unanimous consent.
6. Committee consideration in the House
If a committee to which the bill has been referred has not reported it within 45 days after its
introduction, such committee is automatically discharged from its further consideration, and the bill
is placed on the appropriate calendar.
7. Floor consideration in the House
a) A motion to proceed to the consideration of an implementing bill is highly privileged and
nondebatable; an amendment to the motion, or a motion to reconsider the vote whereby the motion
is agreed or disagreed to, is not in order;
b) Debate on the bill is limited to 20 hours, divided equally between the supporters and opponents
of the bill; a motion further to limit debate is not debatable; a motion to recommit the bill, or to
reconsider the vote whereby the bill is agreed or disagreed to, is not in order;
c) Motions to postpone the consideration of the bill, and motions to proceed to the consideration
of other business are decided without debate;
d) All appeals from the decisions of the Chair relating to the application of the Rules of the House
of Representatives to an implementing bill are decided without debate;
e) The vote (by simple majority) on final passage of the bill must be taken on or before the 15th
day after the bill has been reported by the committee(s) to which it had been referred, or such
committees had been discharged from its further consideration;
f) In all other respects, consideration of an implementing bill is governed by the Rules of the
House of Representatives applicable to other bills in similar circumstances.
8. Committee consideration in the Senate
a) An implementing revenue bill passed by the House of Representatives and received in the
Senate is referred to the appropriate committee (or committees);
b) If the bill has not been reported by the relevant committee(s) within 15 days after its receipt
from the House, or 45 days after the introduction of the corresponding Senate measure (whichever
is later), such committee is automatically discharged from further consideration of the bill, and the bill
is placed on the appropriate calendar.
9. Floor consideration in the Senate
a) A motion to proceed to the consideration of the implementing bill is privileged and nondebatable;
an amendment to the motion, or a motion to reconsider the vote whereby the motion is agreed or
disagreed to, is not in order;
b) Debate on the implementing bill and on all debatable motions and appeals connected with it is
limited to 20 hours, equally divided between, and controlled by, the majority leader and the minority
leader, or their designees;
c) Debate on any debatable motion or appeal is limited to one hour, equally divided between, and
controlled by, the mover and the manager of the bill, except that if the manager of the bill is in favor of
any such motion or appeal, the time in opposition is controlled by the minority leader or his designee;
such leaders may, from time under their control on the passage of the bill, allot additional time to any
Senator during the consideration of any debatable motion or appeal;
d) A motion to further limit debate on the bill is not debatable; a motion to recommit it is not in
order;
e) The vote (by simple majority) on final passage of the bill must be taken on or before the 15th
day after the bill has been reported, or the committee(s) of referral have been discharged from its
further consideration;
f) Although, unlike in the case of the House procedure, the Rules of the Senate govern the
consideration of the implementing bill in the Senate in all aspects.
10. Entry into force
The agreement enters into force upon the completion of the necessary domestic legal procedures
by each party to it and exchange of written notices that such procedures have been completed. Entry
into force may take place on the date of the exchange of such notices or on any later date set in the
agreement or otherwise agreed upon by the parties.
11. Extension disapproval resolutions
a) The President may request an extension of the application of trade authorities procedures for
bills implementing agreements involving tariff-and-nontariff barriers (e.g., free- trade agreements)
entered into after June 30, 2005, and before July 1, 2007;
b) Trade authorities are extended if neither House adopts an extension disapproval resolution
before July 1, 2005;
c) An extension disapproval resolution is a resolution of either House, containing language
prescribed by law, which may be introduced by any member, and is referred in the House to the
committees on Ways and Means, and on Rules (Legislation contains no deadline for committee
report nor provision for discharge of a committee of referral; but see item (e) below.)
d) On the floor of either House, the resolution is considered under the specific expedited procedure
of the Trade Act of 1974 for resolutions disapproving certain actions, except that, in the House, no
amendment to the resolution is in order; and in the Senate, a motion to proceed to the consideration
of the resolution is debatable; the nondebatable motion to further limit debate on the resolution
applies also to a debatable motion, or appeal; and no amendment to the resolution is in order.
жас ғалыМдаРдың зеРттеулеРі
исследования Молодых уЧеных
younG scientists’ reseArch
G. smagul
Political decision-making by the example
of the Approval and Implementation of Trade Agreements
ÌÅÌËÅÊÅÒÒІÊ
ãîñóäàðñòâåííîå
óïðàâëåíèå è
ãîñóäàðñòâåííàÿ
ñëóæáà
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(e) It is not in order to consider an extension disapproval resolution not reported, in the Senate,
by the Finance Committee or, in the House, by the Ways and Means, and Rules Committees, or to
consider it after June 30, 2005.
12. Procedural disapproval resolutions
a) If the President fails or refuses to notify, or consult with, the Congress regarding the negotiation
of a tariff-and-nontariff agreement the Congress may deny the consideration of the implementing
bill of such agreement under trade authorities procedures by both Houses agreeing, within 60 days
from each other, to separate one-House procedural disapproval resolution with respect to such
agreement;
b) The language of the resolution is prescribed by law;
c) The resolution may be introduced by any Member of either House, is referred to the Ways and
Means Committee and the Rules Committee in the House, and to the Finance Committee in the
Senate, and is nonamendable;
d) On the floor of either House, the resolution is considered under the same expedited procedure
as an extension disapproval resolution, but only if no other procedural disapproval resolution, or no
“trade-remedy laws” resolution with respect to that trade agreement, has previously been reported in
that House by the respective committee of referral;
e) It is not in order to consider a procedural disapproval resolution not reported, in the House,
by the Ways and Means Committee and the Rules Committee, or, in the Senate, by the Finance
Committee.
13) Nonbinding (“trade-remedy laws”) resolutions
a) If the trade-remedy laws provisions of a prospective tariff-and-nontariff trade agreement, as
described in the required relevant President’s report, are inconsistent with the trade-remedy laws
negotiating objectives of the Trade Act of 2002, either House may adopt a (one-House) nonbinding
resolution, finding that there exists such inconsistency;
b) The language of the resolution is prescribed by law;
c) The resolution may be introduced by any Member of either House, is referred to the Ways and
Means Committee and the Rules Committee in the House, and to the Finance Committee in the
Senate, and is nonamendable;
d) On the floor of either House, the resolution is considered under the same expedited procedures
as an extension disapproval resolution, but only if no procedural disapproval resolution or no other
“traderemedy laws” resolution with respect to that trade agreement has previously been reported in
that House by the respective committee of referral.
Trade Agreements of the United States
Issues of promotion of trade agreements in the U.S. Congress within the competence of the Ways
and Means Committee of the House of Representatives.
Over the past 25 years, the United States has implemented FTAs with 17 countries around the
globe. While those countries represent just 7.5 percent of global GDP, these FTA countries purchased
more than 40 percent of U.S. exports in 2009. Some of these countries are small, but FTAs make big
markets even out of small economies [4].
Trade Agreements can create opportunities for Americans and help to grow the U.S. economy.
Оne of recently signed agreements is the U.S.-Korea Trade Agreement.
The entry into force of the U.S.-Korea trade agreement on March 15, 2012 means countless
new opportunities for U.S. exporters to sell more Made-in-America goods, services, and agricultural
products to Korean customers – and to support more good jobs in the USA [5].
The United States and the Republic of Korea signed the United States-Korea Free Trade
Agreement (KORUS FTA) on June 30, 2007. On December 3, 2010, the United States and Korea
concluded new agreements, reflected in letters signed on February 10, 2011, that provide new market
access and level the playing field for U.S. auto manufacturers and workers. Congress approved
the agreement on October 12, 2011, and Korea’s National Assembly approved it on November 22,
2011. The United States and Korea completed their review of the measures both sides had taken to
implement the FTA and exchanged diplomatic notes on February 21 agreeing to bring the agreement
into force on March 15, 2012.
The Agreement is the United States’ most commercially significant free trade agreement in almost
two decades.
The U.S. International Trade Commission estimates that the reduction of Korean tariffs and tariff-
rate quotas on goods alone will add $10 billion to $12 billion to annual U.S. Gross Domestic Product
and around $10 billion to annual merchandise exports to Korea.
Under the FTA, almost 80 percent of U.S. exports to Korea of consumer and industrial products
become duty free on March 15, 2012, and nearly 95 percent of bilateral trade in consumer and
industrial products will become duty free within five years of that date. Most remaining tariffs would
be eliminated within 10 years.
For agricultural products, the FTA will immediately eliminate or phase out tariffs and quotas on
a broad range of products, with almost two-thirds (by value) of Korea’s agriculture imports from the
United States becoming duty free upon entry into force.
For services, the FTA will provide meaningful market access commitments that extend across
virtually all major service sectors, including greater and more secure access for international delivery
services and the opening up of the Korean market for foreign legal consulting services.
In the area of financial services, the FTA will increase access to the Korean market and ensure
greater transparency and fair treatment for U.S. suppliers of financial services. The FTA will address
nontariff barriers in a wide range of sectors and includes strong provisions on competition policy,
labor and environment, and transparency and regulatory due process.
The KORUS FTA will also provide U.S. suppliers with greater access to the Korean government
procurement market. In addition to strengthening our economic partnership, the KORUS FTA would
help to solidify the two countries’ long-standing geostrategic alliance.
As the first U.S. FTA with a North Asian partner, the KORUS FTA is a model for trade agreements
for the rest of the region, and underscores the U.S. commitment to, and engagement in, the Asia-
Pacific region.
Free trade areas between the Republic of Kazakhstan and other countries
In the face of international business globalization Kazakhstan needs to actively integrate into the
global economic system. Domestic enterprises need to diversify production, to continuously improve
the competitiveness of products and increase exports of goods and services.
The deepening of cooperation of Kazakhstan with foreign manufacturers counterparties under
existing integration organizations and the creation of new free trade areas between the Republic of
Kazakhstan and other countries will provide additional opportunities for the withdrawal of domestic
products for export. To promote the development of mutually beneficial cooperation with business
in other countries will be provided for under the free trade abolition of import duties and similar
measures, and reducing non-tariff barriers in mutual trade.
A free trade zone with CIS countries
At present, Kazakhstan and other CIS countries, except Turkmenistan, Georgia and operates free
trade in goods based on the relevant bilateral agreements.
The CIS also signed an agreement on free trade zone on April 15, 1994, suggesting the
establishment of a multilateral free-trade area of
the Commonwealth of Independent States.
The zone of free trade with third countries
Creation of a single trade regime is a prerequisite for the completion of the Customs Union. The
negotiations on new trade agreements, implying the granting of preferences in terms of customs and
tariff regulation, Kazakhstan will sign together with its partners in the Customs Union – Russia and
Belarus [6].
October 7, 2010 Kazakhstan signed a free trade agreement with Serbia, completed negotiations
on a Free Trade Agreement with Montenegro.
Duty-free trade with Serbia and Montenegro Kazakhstan provides for the unification of its foreign
trade regime with the corresponding regime of Russia and Belarus.
At present, negotiations are underway to conclude a Free Trade Agreement of the Customs
Union (Kazakhstan, Belarus and Russian Federation) with the European Free Trade Association
(Switzerland, Liechtenstein, Norway and Iceland) and New Zealand, which will contribute to the
expansion of trade between countries, and the development of the investment market, market
services, trade and competition.
Conclusion
Of this study allow several conclusions with both theoretical and practical importance.
The process of political decision-making in the United States is a complex, elaborate and well-
balanced mechanism to ensure, in accordance with the principles of liberalism, the stable functioning
of the political system.
жас ғалыМдаРдың зеРттеулеРі
исследования Молодых уЧеных
younG scientists’ reseArch
G. smagul
Political decision-making by the example
of the Approval and Implementation of Trade Agreements
ÌÅÌËÅÊÅÒÒІÊ
ãîñóäàðñòâåííîå
óïðàâëåíèå è
ãîñóäàðñòâåííàÿ
ñëóæáà
132
133
Two. Continuity and sustainability of the political decision-making in the United States provided
over the years established a system of procedural rules and practices that govern the details until
the entire course of a political decision. This set of rules and practices is a safeguard against hasty,
not enough thought-out decisions, as well as subjects from arbitrary decision-making.
Three. All this contributes to the independence of the legislative process on the change of political
leadership and the specific interests of the congressmen themselves.
In practical terms, these results may be useful for streamlining and improving the system of
Kazakhstan’s political decision-making. In particular, in the American system of decision-making
there is something missing Kazakhstan, namely, strict regulation of legislative activity in all its
stages – from the introduction of the bill and an agenda, order of presentation, length of report prior
to the implementation of political decisions. In this situation the experience of a political decision
in the U.S. is not only applicable to Kazakhstan’s reality, but even necessary to prevent isolated
incidents, paralyzing legislative activities in Kazakhstan and discredit her.
references
1 «Political Analysis», K. Simonov // http://politics.ellib.org.ua/pages-737.html.
2 «Trade Agreements» // http://www.ustr.gov/trade-agreements.
3 «Trade Agreements: Procedure for Congressional Approval and Implementation», V. Predelj, Specialist
in International Trade and Finance Foreign Affairs, Defense, and Trade Division, Congressional Research
Service // http://www.policyarchive.org/handle/10207/bitstreams/1791.pdf.
4 Retail Industry Leaders Association letter to Members on Congress on how national pro-growth trade
and investment policies and agreements are good for America // http://www.uschamber.com/sites/default/files/
hill-letters/110105lettertocongress.pdf.
5 «New Opportunities for U.S. Exporters Under the U.S.-Korea Trade Agreement» // http://www.ustr.gov/
trade-agreements/free-trade-agreements/korus-fta.
6 «Free trade – additional business opportunities», «Center of Trade Policy Development» JSC // http://
trade.gov.kz/?r=5&p=83.
Дата поступления статьи в редакцию 17.06.2012
удк 342(4.9)
d. Kussainov
the undergraduate of National school of public policy
of the Academy of public administration
under the President of the Republic of Kazakhstan,
Sanford School of Public Policy, Duke University
bAcKGround: nGos And GoVernment in usA
Abstract
The article deals with the level of corruption in America. The author tries to give a contrast of corruption in
developing countries, corruption of the American-based analysis.
Keywords: analysis, corruption, government.
аңдатпа
Мақалада Америкадағы сыбайлас жемқорлықтың деңгейi қарастырылады. Автор талдау негiзінде
американдық сыбайлас жемқорлықтан дамушы елдердегi сыбайлас жемқорлықтың айырмашылығын
көрсетуге тырысады.
Тірек сөздер: талдау, сыбайлас жемқорлық, үкiмет.
аннотация
В статье рассматривается уровень коррупции в Америке. Автор пытается дать отличие коррупции в
развивающихся странах, от американской коррупции на основе анализа.
Ключевые слова: анализ, коррупция, правительство.
Analysis of the Problem: Corruption in an «Uncorrupted» Country
In this environment it can be seen that NGOs face a number of challenges and opportunities
to create a more transparent system of political donations. America, as result of its advantages
associated with a strong civil society, has one of the better CPI (Corruption Perception Index)
29
scores in the world. Yet its impressive overall rank of 24 masks its relatively low ranking among the
other OECD countries. Issues of campaign contributions, PACs and lobbying still dominate discourse
in a country that is largely viewed as uncorrupt. In this instance we have a combination of low levels
of corruption felt by your average citizen, yet at high levels of government there still remains a more
formalized system of corruption which distorts national policy and produces political outcomes which
favor special interests groups and are not in the interest of the American public. What then are the
obstacles NGOs face when combating this specific type of corruption and why is it that the wealthiest
and one of the most politically active countries on earth is unable to keep its own political system
unmarred by graft and unscrupulous actors?
Super PACs: The Outgrowth of a Poor Process
The answer to these questions lies in further analysis of why the problem is occurring in the first
place. Unlike much of the corruption in the developing world, which often comes from individual
actors performing rent seeking activity, American corruption is an outgrowth of the legislative and
political process itself. Instead of bribes being collected by local bureaucrats or politicians extracting
wealth from others, outside money willingly flows to politicians and bureaucrats to produce favorable
outcomes with regard to legislation and regulation of all kinds. This process has become known as
lobbying and is currently one of America’s biggest problems with regard to political corruption.
More recently America has been facing a new issue with regard to this form of corruption, which
is called Super PAC. The Super PAC is an outgrowth of a 2010 Supreme Court ruling which states
that “If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or
associations of citizens, for simply engaging in political speech.”
30
While this may sound indisputable,
the part not mentioned here is that in this instance, money is considered speech and corporations
are seen as associations of citizens entitled to the same rights. This ruling split along a divided
5/4 decision, opened the flood gate for these PACs to collect unlimited funds from any and all
sources and donate them to a political candidate. Effectively this negates any pre-existing limits that
politicians had on raising cash. In the past the most someone could give to any single candidate was
$2,000, with this new court ruling the sky is the limit in terms of just how much money can flow into
a politician’s bank account.
A Lack of Transparency
This problem was supposed to be controlled by the stipulation that PACs are not allowed to
coordinate or directly associate with politicians; this was seen as a measure to preserve their
independence. Of course in reality it is extremely difficulty for the government to verify and enforce
the separation of PACs and politicians. As a result this relationship has again blossomed into an
even stronger influence of money on politics. The U.S. has been active in pursuing the biggest
offenders with regard to this illicit lobbying, but the problem still remains widespread due to various
special interest groups’ motivation to gain political influence and the politicians need to generate
funds to finance their campaigns for re-election.
PACs are also problematic for issues of transparency; because they are viewed as private
organizations they have special privileges with regard to disclosing donors. Normally all donations
must be registered and recorded for transparency purposes. With PACS this is not the case, as they
can often decide to reveal who their donors are only after the election
31
. Clearly PACs create a new
set of challenges never before seen on the American political sphere, despite the fact that it is no
stranger to money. When breaking down the problem, addressing the extreme spending of PACs will
be an essential issue.
29
International, Transparency. «Corruption Perception Index» // http://cpi.transparency.org/cpi2011/results/.
30
Court, US Supreme. «Citizens United V. Federal Election Commission (Docket No. 08-205)» In, (2010) // http://www.law.
cornell.edu/supct/cert/08-205.
31
Mason, Melanie. «Another ‘Super Pac’ Will Keep Donors Secret until after Key Nominating Contests» In, LA Times
(2011). Published electronically October 06, 2011. http://articles.latimes.com/2011/oct/06/news/la-pn-super-pac-donors-
secret-20111006.
жас ғалыМдаРдың зеРттеулеРі
исследования Молодых уЧеных
younG scientists’ reseArch
d. Kussainov
Background: NGOs and Government in USA
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135
Table 1 - Primary Stakeholders
stake holder
Key interest
effect on Policy
objectives
level of influence
likelihood of
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