May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2011 Nurses are the center of our efforts There was no objection. Our aim, our goal, is a Congress that to improve the Nation’s health. They f is effective, a Congress that is ethical, are at the front lines administering and a Congress that is worthy of the care, educating the public, helping pa- LOBBYING ACCOUNTABILITY AND public trust. Now, I know that the tients and the families cope with the TRANSPARENCY ACT OF 2006 American people should understand- challenges of injury and illness. The SPEAKER pro tempore. Pursu- ably have a healthy skepticism to- Unfortunately, as we hear too often, ant to House Resolution 783 and rule wards this institution. That is what we are facing a serious shortage of XVIII, the Chair declares the House in Thomas Jefferson wanted. But, at the nurses; and that shortage is growing, the Committee of the Whole House on same time, it is very important that so much so that the Department of the State of the Union for the consider- we do what we can to enhance the level Health and Human Services recently ation of the bill, H.R. 4975. of trust that the American people have predicted a shortage of more than b 1313 in their elected representatives. 800,000 nurses, keep in mind we have 2.7 We know right after this began, at million nurses today, a shortage of IN THE COMMITTEE OF THE WHOLE the beginning of this second session of 800,000 nurses by the year 2020. Accordingly, the House resolved the 109th Congress, we stepped right up With fewer and fewer trained hands itself into the Committee of the Whole and were able to take very bold action and minds at the bedside and in the House on the State of the Union for the to bring about reform. On our very doctor’s office, leaving overworked consideration of the bill (H.R. 4975) to first day of legislative business we nurses to handle more and more pa- provide greater transparency with re- voted to level the playing field by end- tients, we can only expect the avail- spect to lobbying activities, and for ing the access to the House floor and ability of quality health care to de- other purposes, with Mr. BOOZMAN in gym by former Members of Congress cline. the chair. who are registered lobbyists. This rule We need to invest in attracting and The Clerk read the title of the bill. change was supported by 379 of our 435 training a new generation of nurses The CHAIRMAN. Pursuant to the Members. and to foster retention for those who rule, the bill is considered read the At the beginning of the last month, are already practicing. Resolution 245 first time. we took a second step in the name of honors the goals of National Nurses The gentleman from California (Mr. balance and fairness. In another bipar- Week, raises the awareness of the vital DREIER) and the gentlewoman from tisan vote, the House closed an enor- role that nurses play in our health care New York (Ms. SLAUGHTER) each will mous loophole in campaign finance system, and focuses attention on the control 30 minutes. regulations. Integrity in our elections unmet challenge that we face as the The Chair recognizes the gentleman was a key focus of our reform efforts, shortage of nurses intensifies. from California. and the 527 Reform Act makes sure Mr. Speaker, I thank the chairman Mr. DREIER. Mr. Chairman, I yield campaign finance laws apply across the and ranking member of the Energy and myself such time as I may consume. board. Commerce Committee for bringing this Mr. Chairman, I was just listening to Now we are considering the com- measure to the floor. I thank EDDIE the debate on the last bill considered prehensive reform package, H.R. 4975, BERNICE JOHNSON, and I am pleased to under suspension of the rules, and I saw the Lobbying Accountability and support it. a wonderful sense of bipartisanship as Transparency Act of 2006. Mr. Chair- Mr. Speaker, I yield back the balance we were able to pass, I suspect we may man, this legislation seeks to uphold of my time. have a vote on it, but I know it will the highest standards of integrity when Mr. DEAL of Georgia. Mr. Speaker, I pass overwhelmingly, the legislation it comes to Congress’ interaction with yield myself the balance of our time. by our good friend from Dallas, Texas, outside groups. Mr. Speaker, I, too, would repeat my Ms. EDDIE BERNICE JOHNSON. I am very proud of the process and expression of appreciation for our col- It is my hope that, as we proceed the results of this multi-month effort league, Ms. JOHNSON, for bringing this with this very important issue, that that we have seen. Anyone, anyone, resolution today and commend all of that same sense of bipartisanship can Democrat and Republican alike, out- those in our society who have chosen prevail. Because I believe that it is ab- side groups, academics, anyone who the field of nursing as their profession solutely essential to dealing with the wanted to offer any suggestion, any and encourage others to do so and fol- challenge that lies ahead. proposal at all, make any comment on low their example. any part of the legislation has had that Mr. Speaker, it is appropriate that Mr. Chairman, as you know very opportunity. This has been a very thor- we honor them by this resolution. well, recent scandals involving elected Mr. Speaker, I yield back the balance representatives from both political ough and, again, a very bipartisan of my time. parties have underscored the very ur- process. The SPEAKER pro tempore. The gent need for us to reform ethics and Mr. Chairman, we already conducted question is on the motion offered by lobbying rules. a very spirited and worthwhile debate the gentleman from Georgia (Mr. just last Thursday when we were con- b 1315 sidering the rule that allows us to con- DEAL) that the House suspend the rules The American people and Members of and agree to the resolution, H. Res. 245, sider this legislation; and, from that Congress are very correctly incensed as amended. debate, it was very clear to me that The question was taken; and (two- about this. I believe that it is abso- there is a lot of confusion over H.R. thirds having voted in favor thereof) lutely outrageous some of the things 4975. Frankly, Mr. Chairman, as I have the rules were suspended and the reso- that we have seen from both political read editorials for a wide range of pub- lution, as amended, was agreed to. parties over the past several months. lications here in this town and across A motion to reconsider was laid on Action, common-sense action, Mr. the country, there is an awful lot of the table. Chairman, is absolutely needed, and confusion as to what this bill actually that is why I am very proud that does. So I thought that I would take f Speaker Dennis Hastert 4 months ago just a moment to summarize for our GENERAL LEAVE stepped up to the plate and said this is friends here in the House and for any- Mr. DREIER. Mr. Speaker, I ask exactly what we need to do, is we need one who might be following this, any unanimous consent that all Members to take strong action. editorial writer out there, I would like may have 5 legislative days within Republicans and Democrats have to summarize what this legislation will which to revise and extend their re- worked together tirelessly on this issue and will not do. marks and insert extraneous material over the past 4 months. The goal is to Mr. Chairman, this legislation will regarding H.R. 4975. strengthen and reform House rules, as enhance transparency and account- The SPEAKER pro tempore (Mr. well as that 1995 Lobbying Disclosure ability in Congress through increased DEAL of Georgia). Is there objection to Act which we very proudly put into disclosure and tighter rules. No matter the request of the gentleman from place when we won the majority back what anyone says, Mr. Chairman, this California? in 1994. legislation does increase transparency

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.054 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2012 CONGRESSIONAL RECORD — HOUSE May 3, 2006 and accountability through toughening Chairman. We know full well that they There is certainly an ‘‘Alice in Won- up disclosure and tightening the rules. are going to get a lot of people stand- derland’’ quality to this debate already Mr. Chairman, this legislation will ing in the way, and yet we need to take this afternoon where Alice could be- fulfill the public’s right to know who is this step forward, and that is what H.R. lieve 90 possible things before break- seeking to influence their Congress. 4975 does. fast, and to believe that we all worked This legislation will provide brighter There is no question whatsoever that together on this bill is absolutely not lines of right and wrong and more rig- this bill, regardless of what anyone true. Democrats and Republicans have orous ethics training so that everyone says about it, that it represents worked hard, but in different alleys, can understand what is right and what progress. It is a move in the right di- going in different directions. is wrong here. I was taught that as a rection, and a lot of us want to do To that end, I would like to submit kid, but obviously there has been some more, but this is a bill that moves us in for the RECORD at this point from The confusion and in the past there have the right direction. Post this morning an editorial entitled, been gray areas. This legislation cre- There is no question at all that it is ‘‘Kill this Bill,’’ along with several oth- ates that clear definition and provides a vast improvement over the status ers. Every editorial group and outside an opportunity for greater training for quo, and there is no question that it organizations have said this bill is a Members and staff so they can have an does put us on a path towards that very hollow sham. understanding of it. important conference that we will have [From washingtonpost.com, May 3, 2006] This legislation will significantly re- with our friends in the other body. KILL THIS BILL form the earmark process to foster Now, of course, Mr. Chairman, there ‘‘Bold, Responsible, common-sense reform more responsible and accountable gov- are many up there who want to engage of our current lobbying and ethics laws is ernment spending. in nothing but criticism. They want to clearly needed,’’ House Rules Committee I read one editorial in which they say no. They want to defeat this effort Chairman David Dreier (R-Calif.) told his said this bill does not tackle the so- for real reform. They want to just colleagues on the House floor last week. ‘‘We called Bridge to Nowhere issue. Well, criticize what it is that we are trying owe it to our constituents. We owe it to our- Mr. Chairman, anyone who has fol- to do here when we have been able to selves. We owe it to this institution.’’ Very true—which is why House members lowed this debate knows that full well fashion a bipartisan package. But to should reject the diluted snake oil that Mr. that last week when we were debating what end? To protect the current sys- Dreier and the GOP leadership are peddling the rule, the Speaker, the majority tem? Because this is really what is as bold reform. Their bill, which is expected leader, I, the whip, others made have a going to happen. I mean, if we pass the to come before the House for a vote today, is very strong commitment, working with previous question, if we defeat this leg- an insult to voters who the GOP apparently the Appropriation Committee, that the islation, all we will be doing is perpet- believes are dumb enough to be snookered by Senate has passed language which we uating the status quo because it will this feint. The procedures under which it is think is very good. slow the process of reform. The same to be debated, allowing only meaningless amendments to be considered, are an insult It is language which says that when system that we have spent 4 months also—to the democratic process. we look at the issue of earmark reform decrying, as we sought this reform, At best the bill would marginally improve so we can have greater accountability would be perpetuated. the existing arrangement of minimal disclo- when it comes to spending that it It defies logic, Mr. Chairman, to sure, laxly enforced. Reporting by lobbyists should not simply focus on the appro- criticize the current standards and would be quarterly instead of twice yearly priations process. It should be uni- then vote to keep them in place, be- and slightly more detailed (with listings of versal and go across the board to the cause that is exactly what will happen. lobbyists’ campaign contributions—already other committees as well. That com- With their recommittal motion, that is available elsewhere—along with gifts to law- makers and contributions to their charities). mitment was made a week ago, and yet exactly what will happen with any at- Nothing would crimp lawmakers’ lifestyles: some people seem to think that we are tempt to defeat this measure. Still allowed would be meals, gifts (skybox not willing to take that on. Mr. Chairman, Winston Churchill, I seats at sporting events, say) and cut-rate Mr. Chairman, this legislation will think said it very well, when he wrote: flights on corporate jets. Privately sponsored considerably increase fines and pen- Criticism is easy; achievement is dif- travel would be suspended, but only until alties for violating the transparency ficult. just after the election. and accountability provisions. Mr. Chairman, this is no time for us The provisions on earmarks are similarly This legislation will give a new au- to recoil in our effort to bring about re- feeble. Lawmakers who insert pet projects in spending bills would have to attach their thority to the House Inspector General form. By voting yes for this bill, the names to them—but that’s all. If that hap- to perform random audits of lobbyist House will vote for achievement, for pens, these provisions wouldn’t be subject to disclosure forms and refer violations to progress and for rebuilding the trust of challenge. Earmark reform that wouldn’t the Department of Justice. the American people. A vote for H.R. allow a vote to stop future ‘‘Bridges to No- Now, Mr. Chairman, here is what this 4975 is a vote for reform. where’’ isn’t real reform. legislation will not do. It will not per- Mr. Chairman, after we pass this bill, Matching the anemic measure is the un- mit business as usual. It will not per- let me tell you what is next on our democratic procedure under which it will be petuate the status quo. agenda: more reform. The Republican ‘‘debated’’ on the House floor. Nine amend- Mr. Chairman, while this body is ments are to be considered, including such party is the party of reform. The Re- tough-love provisions as ‘‘voluntary ethics united in its desire for reform, we publican party has and will continue to training’’ for members and holding lobbyists clearly have disagreements over some reach out to our Democratic colleagues liable for knowingly offering gifts whose of the specifics. Some think that this who are reform-minded to continue value exceeds the gift limit. (Not to worry: bill goes too far; some think that this down this road towards reform. Legislators wouldn’t be liable for accepting bill does not go far enough; and, frank- The drive for reform never stops. We them.) The Rules Committee refused to per- ly, I wish that this bill were stronger have demonstrated that consistently in mit votes on amendments to strengthen the than it is. But we are getting ready to the past, and we will continue to do so measure, including proposals to establish an take this very important step to go independent ethics office; to require law- in the future. It is a continuous, ongo- makers to pay full freight for chartered into conference with the Senate; and, ing process that takes both persever- flights; or to double the waiting period for as we do that, I believe that we can ance and commitment. lawmakers to lobby their former colleagues come back with a stronger bill. This is Mr. Chairman, I believe that it is ab- from one year to two. Neither would the ma- what I am hoping will happen, but we solutely essential for us to continue jority risk an up-or-down vote on the much must proceed with this measure so that down the road towards reform so that more robust Democratic alternative. we can make that happen. we can make this institution more ef- Democrats tempted to vote for this sham Yet today we stand, as I said, on the fective and more respected. because they’re scared of 30-second ads that starting blocks of our reform effort, Mr. Chairman, I reserve the balance accuse them of opposing lobbying reform ought to ask themselves whether they really and the single most important thing of my time. think so little of their constituents. As for that we can do at this stage is to keep Ms. SLAUGHTER. Mr. Chairman, I Republicans willing to settle for this legisla- the process of reform moving. That is yield myself such time as I may con- tive fig leaf, they ought to listen to Rep. really what this is all about today, Mr. sume. Christopher Shays (R-Conn.). ‘‘I happen to

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.057 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2013 believe we are losing our moral authority to [From the New York Times, Apr. 30, 2006] thought limiting lobbyist clout over law- lead this place,’’ Mr. Shays said on the House NOW YOU SEE IT, NOW YOU DON’T makers was the whole point of reform. floor last week. He was generous not to have The inclusion of something termed ‘‘ethics Dreier is apparently more concerned with put that in the past tense. training’’ in the House Republican major- the health and welfare of lobbyists than his ity’s pending lobbying reform bill is the ulti- own legislative body’s reputation. [From USA Today, April 24, 2006] mate touch of drollery. It is a public rela- In a letter to lawmakers, a coalition of pro-reform groups appealed for the defeat of SNOW JOB ON LOBBYING tions kiss-off acknowledging growing con- cern about the appearance of scandalous the legislation and the enactment of tough Congress still doesn’t get it. After more measures to rein in the influence of lobby- than a year of negative headlines about po- money ties between Congressional cam- paigners and their claques of loyal lobbyists. ists. According to the missive, ‘‘H.R. 4975 litical corruption and money-soaked alli- represents an effort by Members to have it ances with lobbyists, House leaders are At the same time, it is clear notice that this ethically challenged Congress has no inten- both ways—holding on to the financial bene- weakening their already anemic excuse for fits and perks they receive from lobbyists reform. tion of doing anything serious about reform. The House majority leader, John Boehner, and other special interests, while claiming They hope to pass the plan this week and conceded as much in observing, ‘‘The status that they have dealt with the lobbying and then, with the glowing pride of grandees quo is a powerful force.’’ ethics problems in Congress. . . . The public doling pennies to the poor, con the public As it is, Mr. Boehner has had to drag his will not be fooled by this phony game.’’ into believing they’re actually giving up members kicking and screaming to a vote Democracy 21 President Fred Wertheimer enough of their prized perks to make a dif- this week on the cut-and-paste figments of said the House bill ‘‘is apparently based on ference. reform that the House G.O.P. will be ped- the premise that you can fool all of the peo- The plan—pushed by Rules Committee dling to the voters this fall. The bill is even ple all of the time.’’ He points out the mis- Chairman David Dreier and Majority leader weaker than the Senate’s half-hearted meas- leading language of the legislation, including John Boehner contains a few enticing illu- ure. Rather than banning gifts and campaign ‘‘a section called ‘Curbing Lobbyists’ Gifts’ sions, such as modest changes in disclosure money from lobbyists, the bill embraces dis- that doesn’t curb gifts from lobbyists, and a rules and pork-barrel spending restraints. closure—the equivalent of price lists for the section called, ‘Slowing the Revolving Door,’ But it’s far from anything lobbyists might cost of doing business with a given law- that contains no provisions to slow the re- fear. In light of the tawdry political culture maker. A bipartisan attempt at true reform volving door.’’ exposed by the sprawling case of super lob- was squelched as non-germane, as if the need How many more members of Congress, byist Jack Abramoff, awaiting sentencing in to create an independent ethics enforcement their aides and lobbyists have to be con- Washington, the measure is most note- body is not obvious by now after the lobbyist victed of fraud, bribery and abuse of voter’s worthy for what it would fail to do: corruption story of Jack Abramoff and his trust before legislators get the message that Cushy travel paid for by private groups—a back-door power over lawmakers. the public is serious about ethics reform? device lobbyists use to buy favors—would be The Democrats are right to oppose the In pretending that their bill is something banned, but only until after the election. measure. Some Republicans, worried that it other than a self-serving sham, House lead- Next year, it would be back to business as will be properly perceived as the Bill to No- ers demonstrate just how out of touch they usual. where, did point out loopholes in the pro- are. If it passes, the next chance for ethics Lobbyists would be barred from flying on posal to rein in the pork-barrel earmark reform may come at the polls in November. corporate jets with members of Congress, a gimmickry dear to lawmakers and lobbyists. response to calls to abolish this cozy form of But no credible fix was made. [From Star-Telegram.com, May 3, 2006] special-interest access. But nothing would ‘‘ONE OF THE GREATEST LEGISLATIVE SCAMS prevent executives who aren’t registered lob- [From the Houston Chronicle, Apr. 26, 2006] THAT I HAVE SEEN’’ byists from continuing to do the same thing. STILLBORN REFORM (By Molly Ivins) And nothing would alter the practice of rou- After tough jawboning about ethics reform AUSTIN.—Either the ‘‘lobby reform bill’’ is tinely making these planes available for in response to the scandal centered on con- the contemptible, cheesy, shoddy piece of members’ political or personal trips at deep- victed lobbyist Jack Abramoff, House Repub- hypocrisy that it appears to be . . . or the ly subsidized fares. lican leaders have produced legislation that Republicans have a sense of humor. There’s no provision for creating a much- mocks its title, the Lobbying Accountability The ‘‘lobby reform’’ bill does show, one needed independent, non-partisan Office of and Transparency Act of 2006. could argue, a sort of cheerful, defiant, flip- Public Integrity to give credibility to probes In fact, the bill does little to increase ac- ping-the-bird-at-the-public attitude that of ethics complaints. Ethics committees of countability in the lawmaker-lobbyist rela- could pass for humor. You have to admit the Senate and House of Representatives tionship and is transparent only in its dis- that calling this an ‘‘ethics bill’’ requires have proven inadequate for the task. play of political showmanship and the ab- brass bravura. House Republican leaders have dropped sence of substance. Even after the conviction House Republicans returned last week proposed requirements that lobbyists dis- of a California congressman for bribery, the from a two-week recess prepared to vote for close which lawmakers and aides they have guilty pleas of two former aides to U.S. Rep. ‘‘a relatively tepid ethics bill,’’ as The Wash- contacted and how they have raised money Tom DeLay and the widening net of the fed- ington Post put it, because they said their for politicians. As a result, lobbyists banned eral Abramoff probe, Congress, seems to be constituents rarely mentioned the issue. from paying $100 for a congressman’s res- falling back into a ‘‘What, me worry?’’ pos- Forget all that talk back in January when taurant dinner would remain free to pay ture. Jack Abramoff was indicted. What restric- $25,000 or $50,000 to underwrite a fundraising The House version that might be voted on tions on meals and gifts from lobbyists? party to ‘‘honor’’ the member. this week is even weaker than its Senate More golfing trips! According to Rep. Nancy Most rules allowing members of Congress counterpart, which government watchdog L. Johnson of Connecticut, former chair- and their staffs to accept gifts from lobbyists groups criticized as toothless. Jettisoned woman of the House ethics committee, pas- would remain unchanged. from the proposal were strictures on gifts to sage of the bill will have no political con- The sorry record of this Congress cries out elected officials and a requirement that leg- sequences ‘‘because people are quite con- for real reform, not a toothless sham. One islators pay private charter rates for trans- vinced that the rhetoric of reform is just po- member has been sent to prison for extorting portation on corporate jets. A ban on elected litical.’’ bribes from lobbyists and favor-seekers. officials’ acceptance of free junkets from pri- Where could they have gotten that idea? Former House majority leader Tom Delay is vate groups will extend only until after the Rep. David Hobson, R-Ohio, told the Post, under indictment on political money-laun- next election, an indication that Congress ‘‘We panicked, and we let the media get us dering charges, two of his former aides have lacks the resolve to give up a major perk. panicked.’’ pleaded guilty to corruption charges, and Dropped by the wayside was a plan to in- By George, here’s the right way to think of he’s quitting because he fears the voters’ vigorate the slumbering congressional ethics it: The entire Congress lies stinking in open backlash. At least a half-dozen other mem- committees with an independent public in- corruption, but they can’t let the media bers, from both parties, are under investiga- tegrity office. Also deleted were require- panic them. They’re actually proud of not tion by various federal agencies on every- ments that lobbyists disclose contacts with cleaning it up. thing from bribery to insider trading. lawmakers and fund-raising efforts on their The House bill passed a procedural vote Not coincidentally, polls show public dis- behalf, a system that allows lobbyists to fun- last week, 216–207, and it is scheduled for illusionment with Congress at the highest nel other people’s campaign cash to buy in- floor debate and a final vote today—which levels in more than a decade. This is fueled fluence with key officials. A spokeswoman gives citizens who don’t like being conned a in part by the lobbying and corruption scan- for House Rules Committee Chairman David chance to speak. Now is the time for a little dals that show special interests and self-in- Dreier, R-Calif., told Roll Call the provision Cain-raising. terest trumping the public interest. was removed because it ‘‘could have a Chellie Pingree of Common Cause said, If the self-righteous incumbents can’t do chilling effect on lobbying.’’ ‘‘This legislation is so weak it’s embar- better than this outrageous substitute for Given the disproportionate influence of rassing.’’ Fred Wertheimer, president of De- needed reform, they will deserve to be de- highly paid special interest advocates on the mocracy 21 and a longtime worker in reform- feated in November. legislative process in Washington, we ist vineyards, said: ‘‘This bill is based on the

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.014 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2014 CONGRESSIONAL RECORD — HOUSE May 3, 2006 premise that you can fool all of the people lican leaders pledged to get tough on lobby- right to assail the lobbying reform bill all of the time. This is an attempt at one of ists? Well, you may; apparently they don’t. last week, but he did not let us off the the greatest legislative scams that I have The House plans this week to take up the hook. There is one thing we did not do, seen in 30 years of working on these issues.’’ Lobbying Accountability and Transparency Mr. Hines said, we should have been Come on, people, get mad. You deserve to Act of 2006, a watered-down sham that would be treated with contempt if you let them get provide little in the way of accountability or tougher, and he is right. There is no away with this. transparency. If the Senate-passed measure need to mince any words here. The I’m sorry that all these procedural votes was a disappointment, the House version is issue at hand is just too important to seem so picayune, and I know the cost of gas simply a joke—or, more accurately, a ruse allow for pleasantries. and health insurance are more immediate aimed at convincing what the leaders must worries. But it is precisely the corruption of This bill is a sham; and by promoting believe is doltish public that the House has it as a real reform measure, Repub- Congress by big money that allows the oil done something to clean up Washington. and insurance industries to get away with Privately paid travel, such as the lavish licans are lying to the American peo- these fantastic rip-offs. golfing trips to Scotland that Mr. Abramoff ple. Watching Washington be taken over by arranged for members? ‘‘Private travel has these little sleaze merchants is not only ex- Consider what Mr. Hines said about been abused by some, and I believe we need pensive and repulsive—it is destroying Amer- it. ‘‘The bill,’’ he wrote, ‘‘is designed to to put an end to it,’’ said Speaker J. Dennis ica, destroying any sense we ever had that get the ruling Republicans past the No- we’re a nation, not 298 million individuals Hastert (R–Ill). But that was January; this is now. Privately funded trips wouldn’t be vember election. Period.’’ He said that cheating to get ahead. with this bill Republicans are hoping I’m sorry that these creeps in Congress banned under the House bill, just ‘‘sus- have so little sense of what they’re supposed pended’’ until Dec. 15 (yes, just after the to ‘‘keep control of the House with a to be about that they think it’s fine to sneer election) while the House ethics committee, minimum change in the way the major- at ethics. But they work for us. It’s our job that bastion of anemic do-nothingness, os- ity party has come to do business.’’ tensibly develops recommendations. to keep them under control until we can re- And he is not alone. Every major edi- place them. Time to get up off our rears and Meals and other gifts from lobbyists? ‘‘I take some responsibility. Let them hear believe that it’s also very important for us torial board in the country has roundly from you. to proceed with a significantly stronger gift denounced this legislation. Today’s ban, which would prevent members and staff Washington Post calls it ‘‘deluded [From the New York Times, Apr. 26, 2006] from personally benefiting from gifts from snake oil’’ and said that it ‘‘is an insult THE LOBBYIST EMPOWERMENT ACT lobbyists,’’ said Rules Committee Chairman to voters who the GOP apparently be- The House Republican leaders managed a David Dreier (R-Calif.) in—you guessed it— lieves are dumb enough to be January. Now, Mr. Dreier’s bill would leave new feat of cravenness during the recent re- snookered by this feint.’’ cess, hollowing out their long promised ‘‘lob- the current gift limits unchanged. bying reform’’ bill to meet the dictates of— Flights on corporate jets? No problem; the Last week’s Roll Call said the bill who else?—Washington’s power lobbyists. bill wouldn’t permit corporate lobbyists to ‘‘makes a mockery of its own title’’; During two weeks of supposed inactivity, tag along, but other corporate officials are and the New York Times, calling it the the leadership bill was chiseled down at the welcome aboard while lawmakers get the ‘‘lobbyist empowerment act,’’ noted benefits of private jets at the cost of a first- behest of K Street to an Orwellian shell of that the Republicans have buried ‘‘all righteous platitudes about transparency and class ticket. Mr. Dreier’s Rules Committee took an al- attempts at instituting credible ethics integrity. The measure to be debated this enforcement in the House.’’ week has been stripped of provisions to re- ready weak House bill and made it weaker. quire full disclosure of lobbyists’ campaign From the version of the measure approved by The person who is head of the lob- fund-raising powers and V.I.P. access in Con- the House Judiciary Committee, it dropped bying organization, when asked about gress. The measure buries all attempts at in- provisions that would require lobbyists to disclose fundraisers they host for candidates, it, he said, oh, that little thing, abso- stituting credible ethics enforcement in the lutely in his belief saying there is House. campaign checks they solicit for lawmakers The nation should not be fooled. The pro- and parties they finance (at conventions, for nothing here. posal is a cadaverous pretense that Congress example) in honor of members. To my friends on both sides of the has learned the corrupting lessons of Jack The bill would require more frequent re- aisle, your constituents are watching. Abramoff, the disgraced superlobbyist; Rep- porting by lobbyists and somewhat more de- tail. Lobbyists would have to list their cam- If you vote for this bill, you are telling resentative Tom DeLay, the fallen majority them that you are not serious about leader; and Duke Cunningham, the impris- paign contributions—information that’s oned former congressman. It makes a laugh- available elsewhere but nonetheless conven- ethics reform. You are saying that you ingstock of the pious promises of last Janu- ient to have on disclosure forms. And some accept the leadership that promotes ary to ban privately financed junketeering additional information would have to be dis- dishonest legislation and one that bra- by lawmakers. Instead, these adventures in closed—meals or gifts that lobbyists provide zenly lies what its bills will do. to lawmakers, along with contributions to quid pro quo lawmaking would be suspended Despite Republican proclamations to only temporarily, safe to blossom again after their charities. Some lawmakers want to the next election. strengthen the bill. But will the Rules Com- the contrary, the scope of what this The bill’s cosmetic requirements for lim- mittee allow their proposals to be consid- bill does not do is nothing short of ited disclosure are overshadowed by the bra- ered? Rep. Christopher Shays (R-Conn.) stunning. zen refusal to plug the loopholes for lobby- would require lawmakers to pay market In January, the Speaker of the ists’ gifts or to end their lavish parties for rates for corporate charters. Mr. Shays and House, Representative HASTERT, called ‘‘honoring’’ our all too easily seduced law- Rep. Martin T. Meehan (D-Mass.) would sup- makers. The G.O.P. leaders can’t even mar- plement the paralyzed House ethics com- for an end to privately funded travel, shal the courage to rein in the shameful use mittee with an independent congressional but this bill does not end it. It merely of corporate jets by pliant lawmakers. ethics office—needed now more than ever. bans it until December, one month It’s hard to believe that members of Con- House Democrats have a far more robust after the election, when the Ethics gress mindful of voters’ diminishing respect version of lobbying reform that deserves an Committee is supposed to weigh in on would attempt such an election-year con. up-or-down vote. Having produced a bill this the matter. Of course, Republicans One Republican proponent had the gall to bad, the Rules Committee ought at least to argue that we mustn’t ‘‘chill’’ the right of have shut down the Ethics Committee give lawmakers an opportunity to vote for for a year and a half, and I do not ex- lobbyists, the ultimate insiders, to petition something better. government. pect it to rule on anything significant The true measure of the debate will be Mr. Chairman, the sad thing I think anytime soon. here is that, as hard as we all worked, whether the House continues to suppress a Back in January, my colleague on bipartisan package of vigorous reforms of- the Democrat amendments were not al- fered by Martin Meehan, the Massachusetts lowed. We had one out of the nine that the Rules Committee, Representative Democrat, and Christopher Shays, the Con- are here today, and our package of DREIER, said we should institute a necticut Republican. These measures would rules changes and lobbying reforms much stronger gift ban, but the bill at long last galvanize ethics enforcement were not allowed, but we will have a does not do that either. and crimp the disgraceful symbiosis of lob- Last week in the Rules Committee, byist and lawmaker on Capitol Hill. chance to vote for those on the motion to recommit, and I urge people to do Republicans voted down 20 more com- [From the Washington Post, Apr. 25, 2006] that. monsense Democratic amendments out SHAM LOBBYING REFORM The esteemed Houston Chronicle col- of 21 submitted, and that is 95 percent. Do you remember, back when the spotlight umnist, Craig Hines, recently wrote They rejected an amendment that was on Jack Abramoff, how House Repub- that I and my Democrat colleagues are would prohibit securities trading by

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.018 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2015 Members and their staff based on non- far as the majority is concerned, that countability and Transparency Act public information. They vetoed a re- will be that. The public cried out for does just that while preserving the quirement that top officials report con- reform after they realized the degree to right of Americans to petition their tacts that they have with private par- which their trust and good will were government. ties seeking to influence government being abused, and the Republicans Much like other bills that are action. They turned down a ban on promised change, but they have gone brought to this floor, this bill is a com- gifts from lobbyists and an end to the back on their word. This is the very op- promise, and I would like to commend inherently anti-Democratic K Street posite of a reform bill. It is instead a Chairman DREIER for seeking input project. steadfast and cynical defense of an in- from Members on both sides of the Mr. Chairman, these endless omis- defensible status quo. aisle, but especially for the long, hard sions would be bad enough on their Mr. Chairman, let me again address work that he has worked on this issue own, but the real reason why this legis- my friends on both sides of the aisle. since the turn of the year. This was no lation is such a disappointment, the Some of you may be afraid that a vote easy task. And as the chairman said, real reason why it is such a missed op- against this bill will be portrayed by this is only the start of the process. portunity to create the reform Ameri- your opponents back home as a vote But because this is a compromise, I be- cans are demanding is that it does against reform. But it does not have to lieve that there are areas in which this nothing, nothing, to fix the battered be that way because you do have a bill can be improved. For that reason, and broken political process of this choice here today. I will be offering a I am pleased that we will have an op- Congress. substitute in the form of a motion to portunity to consider an amendment later today that I have cosponsored b 1330 recommit that will do everything the Republican bill does not and will de- that will further improve the bill with The rules of the House and the proce- liver everything that the American regard to privately funded travel for dures enshrined within it during our people expect from lobbying reform: it Members of Congress. first two centuries as a Nation were will ban travel on corporate jets as Much concern has been raised in re- conscientiously designed to be a vac- well as gifts and meals from lobbyists. cent months over abuse of House rules cine against corruption in this body by It will shut down the K Street Project. that permit Members and staff to ac- maintaining an open and transparent It will end the practice of adding spe- cept privately funded travel connected legislative process, by allowing bills to cial interest provisions to conference with the performance of their official be debated and amended, by permitting reports in the dead of night. It will in- duties. Upon passage by the House, the Members of Congress to actually read crease transparency for all earmarks, legislation before us today would tem- and reflect upon legislation before they toughen lobbyist disclosure require- porarily suspend such travel and direct are forced to vote on it. Through these ments and, most importantly, set up a the Ethics Committee to propose to the means, Congress was supposed to be structure for real enforcement of lob- House new rules for approving and dis- freed from the temptations of corrup- byist requirements. closing privately funded travel. tion that our Founding Fathers knew Today is a moment of truth for this As several of my colleagues will note lurked in the shadows. But during the Congress. You can vote for the Repub- later on, I am sure, and have noted in last 11 years of the Republican leader- lican bill before us and tell an entire the past, privately funded travel often ship, those shadows have spread, and Nation that you really do not care serves a very useful purpose, and the today, it is hard to see the light any- about what it thinks, or you can vote temporary suspension is not intended more. ‘‘yes’’ on the motion to recommit and to signal that something is inherently The results have been as outrageous pass the Democratic substitute. I urge wrong with these private trips. Instead, as they have been predictable. Corrup- my colleagues in the strongest possible the temporary suspension recognizes tion has become commonplace. Mem- words to do what is right for this Con- that, until a new travel system can be bers no longer need to fear public scru- gress and for this Nation. put in place, Members taking such tiny of their actions because they work Mr. Chairman, I reserve the balance trips do so at considerable risk of pub- in secret, as do the lobbyists who court of my time. lic criticism that is in many instances them and whom they court in return, Mr. DREIER. Mr. Chairman, let me unwarranted. all 35,000 of them. Nor do they need to just say that I have not been in Alice For that reason, the bipartisan Lun- forge agreements with others to get in Wonderland until I heard my col- gren-George Miller-Hastings-Berman- provisions through the House; they just league talk about it. So much for bi- Cole amendment was proposed as a slip them into large bills without tell- partisan comity. I am very proud to be stop gap measure designed to protect ing anyone. working with Democrats on this impor- Members and staff who have already The system is broken, and as long as tant legislation, but as I listen to this made plans to travel during the 6 it is broken, it will remain corrupt. mischaracterization of our strong bi- weeks between now and mid-June when This bill was supposed to change this partisan reform effort, I am somewhat the House is expected to act on rec- abysmal reality, but it will not change stunned. ommendations for new travel rules to a thing. If we pass this legislation as it Mr. Chairman, I am very happy to be proposed by the Ethics Committee. is written, secret last-minute perks yield 4 minutes to an individual who Very simply, our amendment pro- and protections for big business will has worked as hard or harder than any- vides that privately funded travel may still be routinely added to the con- one on this issue of reform, the distin- be accepted during this interim period ference reports. The Rules Committee guished chairman of the Committee on whenever two-thirds members of the will still deny anyone not in the major- Standards of Official Conduct, my Ethics Committee vote to approve the ity the right to amend legislation. Rules Committee colleague, the gen- proposed trip. This mechanism, which Major thousand-page bills will still be tleman from Pasco, Washington (Mr. will be in place for only a relatively dropped on the desk of Members only HASTINGS). short period of time, will make it pos- minutes before they have to vote for Mr. HASTINGS of Washington. Mr. sible for worthwhile trips to go forward them. And when the time for the votes Chairman, I rise today in strong sup- while ensuring that all privately fund- has come, the arm twisting and influ- port of H.R. 4975, the Lobbying Ac- ed travel is carefully scrutinized for ence peddling on the very floor of this countability and Transparency Act. compliance with applicable House House will continue unabated, and it Mr. Chairman, the American people rules. will go on 10 minutes, 20 minutes, an have every right to expect the highest I am pleased that several of my dis- hour, even 3 hours after votes have offi- ethical standards here in the people’s tinguished colleagues on both sides of cially ended, whatever it takes to jam House. the aisle, including the new ranking the agenda of the majority through the In order to uphold the integrity of minority member of the Ethics Com- gears of our deteriorating democracy. Congress as an institution, we must go mittee, Mr. BERMAN, have had a hand None of these un-American shameful a step further to enhance transparency in crafting this interim travel approval practices are even addressed in this and accountability with respect to lob- mechanism. I look forward to working bill, let alone prohibited. And then, as bying activities. The Lobbying Ac- closely with Mr. BERMAN not only to

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.059 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2016 CONGRESSIONAL RECORD — HOUSE May 3, 2006 ensure that this process runs smoothly CONGRESSIONAL RESEARCH SERVICE, the compensation for procuring or influ- but also on a bipartisan basis to de- Washington, DC, Sept. 21, 2000. encing legislative action is made contingent MEMORANDUM upon the success of the undertaking furnish velop clear and workable rules for ap- the strongest incentive to the exertion of Subject: Contingency Fees for Lobbying Ac- proving privately funded travel that corrupting and sinister influences to the end the Ethics Committee will commu- tivities. that the desired legislation may be secured, From: Jack Maskell, Legislative Attorney, nicate to all Members and staff. and there is a long line of cases which holds American Law Division. that if the agreement is one in which the Mr. Chairman, I urge adoption of the This memorandum is prepared in response compensation is contingent upon success in bill. to requests from congressional offices for in- accomplishing the end sought, it is utterly formation about whether one may lawfully void as against public policy.’’ Ms. SLAUGHTER. Mr. Chairman, I have a contingency fee arrangement for The United Stats Supreme Court addressed am pleased to yield 2 minutes to the ‘‘lobbying’’ activities in which the fee for the issue in Hazelton v. Sheckells, in 1906. In gentleman from Virginia (Mr. SCOTT). such lobbying activities is contingent upon that case the Court refused specific perform- the success of ‘‘lobbying’’ efforts in having ance of a contract to convey a deed as com- Mr. SCOTT of Virginia. Mr. Chair- legislation passed in the United States Con- pensation for services where ‘‘the services man, I rise in opposition to the bill be- gress. contemplated as a partial consideration of cause it does nothing to reduce corrup- There is no statute under federal law the promise to convey were services in pro- tion and lobbying. which expressly addresses the issue of con- curing legislation upon a matter of public in- tingency fees with respect to all lobbying ac- terest, in respect of which neither of the par- Mr. Chairman, I had an amendment tivities generally before the Congress. Con- ties had any claim against the United that was adopted in the Judiciary Com- tingency fees may be expressly barred, how- States.’’ As established in the conveyance mittee. That language was subse- ever, under certain circumstances. There is document, such agreement ‘‘was in sub- quently stripped from the bill by the in federal law an express prohibition against stance a contingent fee,’’ dependent upon the contingency fee arrangements with respect passage of legislation by the Congress. Jus- Rules Committee. That amendment to seeking certain contracts with the agen- tice Oliver Wendell Holmes, writing for the would have simply required a study of cies of the Federal Government. Activities Court, explained that it was the ‘‘tendency’’ the practice by which some lobbyists which might generally or colloquially be in such contract agreements to provide in- appear to be charging percentage con- called ‘‘lobbying,’’ but which involve making centives towards corruption, and not nec- tingent fees for obtaining earmarks in representations on behalf of private parties essarily any actual corrupt activity in a par- before federal agencies to obtain certain gov- appropriations bills. Now, when you ticular contract or case, that made these ernment contracts, may thus be subject to contingent arrangements void for public pol- combine that idea with the K Street the contingency prohibitions. The reason for icy reasons. Thus, the Court found that even Project where you are supposed to be such ban has been explained as follows: though the services in this case were legiti- hiring a Republican lobbyist who is ‘‘Contractors’ arrangements to pay contin- mate, that ‘‘[t]he objection to them rests in supposed to be contributing back to gent fees for soliciting or obtaining Govern- their tendency, not in what was done in the the legislators, you can see just how ment contracts have long been considered particular case,’’ especially since if there contrary to public policy because such ar- had been undue or improper influence ‘‘it ugly a practice this can be. My amend- rangements may lead to attempted or actual probably would be hidden and would not ap- ment would have simply asked for a exercise of improper influence ....’’ pear.’’ The Court stated that ‘‘in its incep- study of the prevalence of that prac- Contingency fees are also prohibited for tion’’ the contingency fee arrangement ‘‘nec- tice. lobbying the Congress by persons who must essarily invited and tended to induce im- register as agents of foreign principals under proper solicitations, and it intensified the in- Mr. Chairman, these kinds of con- the Foreign Agents Registration Act. The ducement by the contingency of the reward.’’ tracts are illegal when lobbyists are prohibition is upon agreements where the The Court found that earlier Supreme Court representing foreign governments and amount of payment ‘‘is contingent in whole precedent had established ‘‘that all contracts are illegal in some activities involving or in part upon the success of any political for a contingent compensation for obtaining the Executive Branch. They are illegal activities carried on by such agent.’’ The legislation were void,’’ and refused to en- covered ‘‘political activities’’ of such agents force the contract in question. in 39 State legislatures. However, it under the Foreign Agents Registration Act The judicial disfavor expressed by the Su- does not appear to be illegal lobbying include any activity which the agent ‘‘in- preme Court for contingency contracts for Congress under Federal law. The Con- tends to, in any way influence any agency or lobbying on general legislation dates back at gressional Research Service in a official of the Government of the United least to 1853, when in Marshal v. Baltimore & memorandum dated September 21, 2000 States ... with reference to formulating, Ohio R.R., supra, the Court with reference to secret contingent contracts explained: cites a legal treatise which says that adopting, or changing the domestic or for- eign policies of the United States ...,’’ and ‘‘It is an undoubted principle of the com- these contracts furnish the strongest thus include the activities of ‘‘lobbying’’ mon law, that it will not lend its aid to en- incentive to the exertion of corrupting Members and staff of Congress on legislation force a contract to do an act . . . which is in- and sinister influences and are utterly or appropriations. consistent with sound morals or public pol- void against public policy. Although there is no general, express fed- icy; or which tends to corrupt or contami- eral law barring all contingency fees for suc- nate, by improper influences, the integrity of Supreme Court Justice Oliver Wen- cessful lobbying before Congress, there is a our social or political institutions. . . . Leg- dell Holmes was cited in that same long history of judicial precedent and tradi- islators should act from high consideration memorandum as saying that they have tional judicial opinion which indicates that of public duty. Public policy and sound mo- such contingency fee arrangements, when in rality do therefore imperatively require that a tendency in such contracts to provide courts should put the stamp of disapproba- incentives towards corruption. In fact, reference to ‘‘lobbying’’ and the use of influ- ence before a legislature on general legisla- tion on every act, and pronounce void every contract the ultimate or probable tendency an 1853 Supreme Court case said that tion, are void from their origin (ab initio) for of which would be to sully the purity or mis- common law will not lend its aid to en- public policy reasons, and therefore would be lead the judgments of those to whom the force a contract to do an act which is denied enforcement in the courts. In some high trust of legislation is confided. inconsistent with sound morals or pub- instances contingency fee arrangements ‘‘. . . Bribes in the shape of high contin- lic policy, or which tends to corrupt or based on the success of legislation have been gent compensation, must necessarily lead to contaminate by improper influences upheld in a few courts, however, when the the use of improper means and the exercise duties contracted for were professional serv- the integrity of our social or political of undue influence. Their necessary con- ices that did not involve traditional, statu- sequence is the demoralization of the agent institutions. torily defined ‘‘lobbying’’ or the use of per- who covenants for them; he is soon brought Mr. Chairman, true lobbying reform sonal influence before the legislature, or to believe that any means which will produce where the client had a legitimate claim or ought to remove corruption from lob- so beneficial a result to himself are ‘‘proper legal right to be asserted in a matter before means’’; and that a share of these profits bying, and if we are going to be serious the legislature (e.g., ‘‘debt legislation’’). may have the same effect of quickening the about that, we ought to at least study The concern of potential temptations from perceptions and warming the zeal of influen- the prevalence of these contracts which overzealousness and undue influences which tial or ‘‘careless’’ members in favor of his everybody knows has a corrupting in- certain ‘‘all or nothing’’ contingency ar- bill.’’ fluence. By removing the amendment, rangements might engender has also been In a more recent federal case on this sub- the reason behind the public policy ject, a United States Court of Appeals in it is clear that that was not the pur- disfavoring contingency fees in the case of 1996, in Florida League of Professional Lob- pose of the bill, and I urge my col- lobbying the legislature. As summarized in byists, Inc. v. Meggs, upheld against a con- leagues to oppose the legislation. one legal treatise: ‘‘Agreements under which stitutional challenge on First Amendment

VerDate Aug 31 2005 01:10 May 04, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.061 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2017 grounds the State of Florida’s specific legis- Ann.); Wisconsin (sec. 13.625(d), Wise. Stat- Transparency Act of 2006. It has been a lative ban on contingency fee contracts for utes Ann.). tough job, and it has been a pleasure to lobbying. The court there reaffirmed, albeit As noted, the weight of judicial opinion work with him on this important re- reluctantly, the long-recognized judicial has been either to uphold such restrictions precedents concerning the general public against challenges, or in some cases in the form legislation in the Rules Com- policy against such contingency fees for lob- absence of an express statute to judicially mittee. bying. The court noted that there was no di- find such contingency fee arrangements void Mr. Chairman, we are all well aware rect precedent overturning the older Su- for public policy reasons. In one instance in of the recent scandals that have preme Court cases directly on point on con- the 1980’s, however, a provision, enacted as a plagued the House of Representatives. tingency fees and lobbying, but did seem result of a state initiative, barring all con- The unscrupulous action of a few Mem- sympathetic and responsive to the plaintiff’s tingency fees for legislative lobbying activi- bers and staff has severely damaged arguments that more modern cases on the ties was struck down by a state court as an this hallowed body that we are privi- First Amendment and compensation for ad- overbroad intrusion into the right to peti- leged to serve in. What is even more vocacy might eventually warrant a different tion the government. The Supreme Court of outcome on this issue: Montana found the law ‘‘overbroad because disturbing is that some see this as an ‘‘Florida points out that in cases decided it precludes contingent fee agreements that opportunity for political gain. The re- well before the articulation of ‘exacting are properly motivated as well as those that cent scandals transcend political affili- scrutiny,’ the Supreme Court specifically are improperly motivated’’ and as such, the ation and ideology, and it is incumbent held that contracts to lobby for a legislative ‘‘ability of individuals and organizations to upon all Representatives to come to- result, with the fee contingent on a favorable fully exercise their right to petition the gov- gether and restore the integrity of the legislative outcome, were void ab initio as ernment may be severely curtailed by this against public policy . . . [citations omit- House. This is not the time for catchy broad prohibition.’’ phrases and rhetoric. Rather, it is the ted]. The League does not contest the appli- While the existing state of the law is clear- cability of these older decisions to this case. ly for most States to continue to expressly time for each of us to step up and ad- And, we are persuaded that these decisions prohibit by law contingency fee agreements here to the duties as a Member of Con- permit a legislature to prohibit contingent with respect to legislative lobbying on gen- gress. compensation. The League, however, sug- eral legislation, and to have those prohibi- I am especially pleased that this leg- gested at argument that the extensive, in- tions upheld (or to consider such contin- islation includes language that I spon- terim developments of First Amendment law gency agreements void for public policy rea- sored in the Rules Committee to established conclusively that the Supreme sons where there is no express law, as is the Court today would strike a contingent-fee strengthen and improve ethics training case with respect to lobbying before Con- for staff and Members of Congress. This ban on lobbying. gress), other interpretations have permitted ‘‘This prediction may be accurate, but we such arrangements where an agent, attorney section would require all staff to at- are not at liberty to disregard binding case or representative is seeking legislation based tend an ethics training course or face law that is so closely on point and has been upon a claim or similar legal interest or severe penalty. It also requires that only weakened, rather than directly over- right to be asserted against the government, the Committee on Standards of Official ruled, by the Supreme Court.’’ As to State statutory bans on contingency or when such action involves conduct and ac- Conduct will set up a similar program fees for lobbying, it should be noted that as tivity that is done in the normal course of for Members and strongly encourages of this writing most of the States (39) have client representation by an attorney and is them to participate. I certainly plan existing in their state codes an express pro- not expressly contemplated by the original to. hibition against such contingency fees for contract. There have also been cases where legiti- I realize that this may seem harsh to lobbying activities. See, for example, Ala- some, but my staff, who I require to bama (§ 36–25–23(c), Michie’s Ala. Code); Alas- mate professional services are contracted for, such as, for example, the drafting of leg- have ethics training, now have bene- ka (sec. 24.45.121 (a)(6), Alaska Statutes); Ari- fited greatly from these training ses- zona (sec. 41–1233(1), Arizona Rev. Statutes); islative language, as opposed to merely en- California (Government Code, § 86205(f), An- gaging another’s ‘‘influence’’ to ‘‘lobby,’’ sions, and I firmly believe that all staff notated Calif. Codes); Colorado (sec. 24–6–308, when such an arrangement for services, even should share in this experience. This Colorado Rev. Statutes); Connecticut (§ 1– if based on the contingency of the passage of measure ensures that all staff will re- 97(b), Conn. Gen. Statutes Ann.); Florida legislation, has been permitted. Such cases ceive this training. (§ 11.047 [legislature]; § 112.3217 [executive have been described as related to contracts This legislation also instructs the where the ‘‘services rendered thereunder did branch], Florida Statutes Ann.); Georgia Standards Committee to report to the (sec. 28–7–3, Official Code of Georgia Ann.); not partake of anything in the nature of lob- bying....’’ Although relating to legislation, Rules Committee by no later than De- Hawaii (sec. 97–5, Hawaii Rev. Statutes cember 15 on the adequacy of the rules. Ann.); Idaho (sec. 67–6621(b)(6), Idaho Code); the services in question were not necessarily Illinois (S.H.A. 25 ILCS 170/8); Indiana (sec. 2– within a specific or narrow definition of The legislation is good progress. Thank 7–5–5, Burns Ind. Statutes Ann.); Kansas (sec. ‘‘lobbying’’ in the sense that nothing that you for granting me the time, and 46–267, Kansas Statutes Ann.); Kentucky was contracted for involved any activities thank you for your leadership on this (sec. 6.811(9), Kentucky Rev. Statutes); attempting to ‘‘exert private or personal in- issue. Maine (Title 3, § 318, Maine Rev. Statutes fluence with members of the legislature, or Ms. SLAUGHTER. Mr. Chairman, I Ann.); Maryland (State Government, § 15–706, in interviewing or bringing pressure to bear yield 1 minute to the gentleman from on them....’’ In making arguments for allow- Michie’s Ann. Code of Md.); Massachusetts Washington (Mr. BAIRD). (Ch. 3, § 42, Mass. Gen. Laws Ann.); Michigan ing such contingent fees in cases of profes- sional services rendered in relation to legis- Mr. BAIRD. Mr. Chairman, all the (sec. 4.421(1) Mich. Compiled Laws Ann.); American people really need to know Minnesota (sec. 10A.06, Minn. Statutes Ann.); lation where no undue influences are con- Mississippi (sec. 5–8–13(1), West’s Ann. Miss. templated or used, and no traditional ‘‘lob- about this lobbying bill is that our Code); Nebraska (sec. 49–1492(1), Revised bying’’ is conducted, it has been suggested friends on the Republican side of the Statutes of Neb.); Nevada (sec. 218.942(4), that such permissibility of the fee arrange- aisle want to clean up Congress the Nev. Revised Statutes Ann.); New Mexico ment would have no more ‘‘influencing’’ way teenagers want to clean up their (sec. 2–11–8, New Mexico Statutes); New York tendency than in the permissible instance of bedrooms. Instead of socks and one representing oneself before the legisla- (Book 31, Legislative Law, § 1–k, McKinney’s sweatshirts and whatnot strewn about Consolidated Laws of N.Y. Ann.); North ture (and thus having an even greater finan- cial stake than an agent in the outcome), or the floor, we have lobbyists’ money and Carolina (sec. 120–47.5(1), Gen. Statutes of special gifts and favors. And instead of N.C.); North Dakota (54–05.1–06, N.D. Century if an agent or attorney represented a client Code Ann.); Ohio (sec. 101–77, Page’s Ohio before a judicial panel, i.e., a court. really taking it out and putting it out Rev. Code Ann.); Oklahoma (Title 21, § 334, JACK MASKELL, of the body of this Congress, what they Oklahoma Statutes Ann.); Oregon (sec. Legislative Attorney. want to do is sweep it under of the bed, 171.756(3), Oregon Rev. Statutes); Pennsyl- Mr. DREIER. Mr. Chairman, I am so when the public’s attention is not vania (65 Pa. Cons. Statutes Ann. § 1307(a)); very happy to yield 11⁄2 minutes to my looking, we can just call it right back Rhode Island (sec. 22–10–12, Gen. Laws of very good friend from Charleston, West out. This is a sham bill. It is not a real R.I.); South Carolina (§ 2–17–110(A), Code of Virginia, a hardworking member of the reform. Laws of S.C.); South Dakota (sec. 2–12–6, S.D. Rules Committee (Mrs. CAPITO). Let me point out two things that Codified Laws); Texas (Government Code, Mrs. CAPITO. Mr. Chairman, I would they did not address. This reform bill 305.022, Vernon’s Texas Codes Ann.); Utah (sec. 36–11–301 (Utah Code Ann.); Vermont like to thank the chairman of the does nothing to give Members of Con- (Title 2, 266(1), Vt. Statutes Ann.); Virginia Rules Committee, Mr. DREIER, for his gress more time to read legislation. We (§ 2.1–791, Code of Va.); Washington hard work and leadership in drafting offered an amendment that would have (§ 42.17.230(f), West’s Rev. Code of Wash. the Lobbying Accountability and allowed 72 hours for Members and the

VerDate Aug 31 2005 03:12 May 04, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.036 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2018 CONGRESSIONAL RECORD — HOUSE May 3, 2006 public to read legislation. It was not accountable to anyone. Real lobbying I submit: not a soul. Certainly not even allowed to be brought up for de- reform must end the practice of cor- the American people and certainly not bate. This amendment does not do any- porate lobbyists writing our laws. The editorial writers who have examined thing to ban insider trading by Mem- so-called Lobbying Accountability and this legislation. bers of Congress or lobbyists. It is not Transparency Act is neither account- The San Antonio New Express called illegal currently for Members of Con- able nor transparent. It does nothing the Republican bill ‘‘a disgraceful gress to share information with lobby- to address the problems in the current sham.’’ ists who then share it with investors lobbying system. This bill is not going The Milwaukee Journal Sentinel who can make a fortune on this. It is to fool the public. calls it ‘‘miserable.’’ illegal in the private sector, but the Ms. SLAUGHTER. Mr. Chairman, I The Philadelphia Inquirer says, ‘‘The leadership on the Republican side re- yield 2 minutes to the gentleman from House is just playing pretend.’’ The New York Times calls it ‘‘an Or- fused to make it illegal for Members of Texas (Mr. DOGGETT). wellian shell of righteous platitudes this Congress. We are cleaning up Con- Mr. DOGGETT. Mr. Chairman, cor- ruption is rampant in Washington, and about transparency and integrity.’’ gress the way teenagers clean up their And public interest groups have de- bedroom, and the result will be the we are now in the fifth month of this congressional session. About the only rided this Republican bill as a ‘‘com- same mess we started with. plete joke,’’ ‘‘a total scam,’’ and Mr. DREIER. Mr. Chairman, may I action these Republicans have taken is to enact a harsh punishment. Yes, they ‘‘phony.’’ ask of the Chair how much time is re- Let no one here be mistaken: this bill have enacted a punishment on all of maining on each side. is not driven by a desire to address the the fat cats. They have said that law- The Acting CHAIRMAN (Mr. PRICE of most serious lobbying and ethics scan- makers-turned-lobbyists can no longer Georgia). The gentleman from Cali- dal this body has experienced in a gen- use the House gym. Apparently, the fornia has 13 minutes remaining, and eration. I have said before, and I re- thinking here is that fat cats will no the gentlewoman from New York has 19 peat: the failure of ethics and honesty minutes remaining. longer be entitled to skinny lobbyists. Where the real sweating has actually have been of conduct, not of rules. But Ms. SLAUGHTER. Mr. Chairman, I rules can both inform of expectations taken place in these five months, yield 2 minutes to the gentleman from and propriety. where the real heavy lifting has oc- Massachusetts (Mr. MEEHAN). The greed and flagrant abuses of con- curred, is by Republicans who have Mr. MEEHAN. Mr. Chairman, I rise victed felons, former Republican Mem- been in a continual workout to create in opposition to the so-called Lobbying ber Duke Cunningham and Republican the impression they were doing some- Accountability and Transparency Act. lobbyist Jack Abramoff, hang over this thing while actually changing nothing A poll released just last week found House like a dark cloud. about the way this House operates. It that the Congress had a dismal ap- The K Street Project, proudly pro- was as if the idea was to have a press proval rating of just 22 percent. That is moted by Mr. DELAY and Senator conference and give a few speeches and an unprecedented 10 percent drop from SANTORUM and the Republican leader- not expect anything to happen because the last poll. With this closed rule and ship, in which quid pro quo was the bla- that press conference announcing their this bill, we can see why the American tantly articulated standard of conduct, legislation was the high-water mark. is the most flagrant example of the people have lost faith in their elected After that, as to each provision of the representatives. This is not real re- aptly named ‘‘culture of corruption.’’ bill it was the weak getting weaker at This empty shell of a bill is driven by form; it is a sham. every stage of this process. Congressman SHAYS and I tried to one thing: the majority’s cynical cal- How do you measure the cost of cor- culation that it will not pay a price offer a package of amendments to ruption to the American people that is bring transparency and credibility with voters this November for failing occurring here? The cost is reflected in to take meaningful steps to end this back to the ethics process. Our amend- the experience that our seniors (and ments would have created an office of culture of corruption. those who are helping them) are having The chairman of the Rules Com- public integrity, increased grassroots right now with the prescription drug mittee was quoted as saying that the lobbying disclosure, increased general bill written for pharmaceutical manu- adoption of the reform package ‘‘would lobbying disclosure, required Members facturers instead of the people that get this,’’ meaning the repeated in- of Congress to pay charter costs for needed the help. The cost is reflected in stances of rules violations and criminal planes made available by corporations, the no-bid contracts, whether in Iraq conduct, ‘‘behind us.’’ and limited gifts. or in response to Hurricane Katrina, The adoption of this bill or any bill b 1345 and the price that the jobless, the will not do that. Only honest, ethical, homeless, and the hopeless are paying I have also worked with Mr. EMANUEL principled behavior over a period of for the corruption of this Administra- on two more amendments to strength- time will do that. But a strong reform tion. The cost of a failed energy policy en this bill. Both were denied. package would have been a start. is reflected in the price we pay at the Instead of allowing an open debate on Sadly, that has not been an option be- pump every time we fill up. That is the our proposals, the leadership proposed fore us today. cost of corruption. It does not diminish our moral re- and decided that it would be business The bill before us today is not de- sponsibility, however, to demand and as usual. signed to curb the cost of corruption, ensure ethical and honest behavior by What do I mean by ‘‘business as just to deflect criticism from Repub- all of us, not an endless political game usual’’? Well, I mean last year we voted licans for doing nothing about it. The of cross claims and allegations, but by an energy bill written by big oil com- culture of corruption will not end in an Ethics Committee that does not panies loaded with $12 billion in tax this city and in this country with one shun its responsibilities and sit mori- breaks for the oil and gas industry. Member’s conviction or resignation, bund in the face of scandal after scan- What was the result? Consumers are and it certainly will not end when the dal. The people expect more of us. We suffering with high gas prices at the Republican leadership is here today should give it to them. pump today, over $3 a gallon for gaso- simply resigned to business as usual. It may be fitting that this do-less-than-the- line. Ms. SLAUGHTER. Mr. Chairman, I do-nothing Congress of 1948 Republican Con- Recently, lobbyists for the pharma- yield 3 minutes to the gentleman from gress is forcing Members to vote on this do- ceutical industry wrote a prescription Maryland (Mr. HOYER), the minority almost-nothing bill. drug bill that increased their profits whip. The American people see right through this and did nothing to help seniors. The re- (Mr. HOYER asked and was given ruse. sult: seniors are stuck with a confusing permission to revise and extend his re- And they deserve better. prescription drug plan that does little marks.) Lobbyists must be required to act honestly to help them with their costs. Mr. HOYER. Mr. Chairman, who do and ethically. But, it is Members who have Today, the Republican leadership has our Republican friends believe they are sworn an oath before God and our fellow citi- chosen to continue to be an outlet for fooling today with this so-called lob- zens to uphold the laws and protect the Con- moneyed special interests that are not bying ‘‘reform’’ bill? stitution.

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.062 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2019 It is Members who bear the direct responsi- whom support the bill that is on the lion in taxpayer subsidies to Exxon and bility for the honest administration of the peo- floor today. Mobil. There is $139 million in con- ple’s business. This Congress is not meeting We said then it would take bipartisan tributions and lobbying expenses by that responsibility. cooperation to get real reform. This the pharmaceutical industry and $140 It is clear, Mr. Speaker, that the Republican legislation has chosen politics above billion in additional profits by the leadership does not want a real debate on progress, business as usual, rather than pharmaceutical company. It is as plain these issues. breaking the gridlock of the special in- as black and white. Democrats offered a much stronger alter- terests. What has happened here in Wash- native, but the majority refused to allow it to Today, we are considering the incred- ington is as clear as night and day. You be considered. ible shrinking bill. With each passing can either see it for what it is or accept So much for openness, transparency and day, it has become weaker and smaller. it. This legislation does nothing to re- democracy. If we were going to vote on it tomor- form or change the business and the I urge my colleagues: Vote against this Re- row, it probably would be a blank page. politics that is conducted here and the publican ruse. The Washington Post calls it a ‘‘wa- vicious circle between K Street and the Mr. DREIER. Mr. Chairman, I yield tered down sham,’’ ‘‘simply a joke,’’ administration and what happens here myself 30 seconds to respond. ‘‘diluted snake oil,’’ and ‘‘an insult to in the people’s House. My friend said, if we have a small voters who the GOP apparently be- This legislation was supposed to bill. We don’t have a small bill. This is lieves are dumb enough to be break that gridlock of that triangle. a very, very strong package that we snookered by this feint.’’ Instead, it reinforces and allows busi- have come forward with. The New York Times called it a ness as usual; and it allows the House He has talked about outside organi- ‘‘laughingstock’’ and ‘‘an election year that Tom and Jack and Duke built to zations that have criticized this. I am con.’’ continue. very happy that three of the rec- Republican Congressman HEFLEY, the You came here as revolutionaries. ommendations that outside organiza- former chairman of the Ethics Com- Rather than change Washington, Wash- tions have provided to us are included mittee representing the Republican ington has changed you and all your in this. We have included input from a Caucus, said, ‘‘In terms of ethic process principles. As Washington always says, wide range of entities. reform, I don’t think we have much of you are firm in your opinion, it is your This is a package that does double that here. And I think actually we are principles you are flexible on. the disclosure rate for lobbyists when missing an opportunity here.’’ This time you have missed a historic it comes to their activities that relate Of the restrictive rule, he said, ‘‘The opportunity to change Washington. to this institution. We have very bottom line for me is why can we not What we have seen is the dominance of strong reforms. have debate and vote on these issues the special interests on the people’s Mr. Chairman, I yield 11⁄2 minutes to and a number of others? I believe we House. This election is about making the gentleman from Mesa, Arizona (Mr. need to defeat the rule and then do sure that gavel returns to the Amer- FLAKE). what my majority leader and the chair- ican people and it does not open up this Mr. FLAKE. Mr. Chairman, I com- man have said: work on a bipartisan auction House but returns to the peo- mend the leadership for bringing this basis on a new bill, on new rules that ple’s House. bill forward. We can beat up on lobby- will allow some debate.’’ ANNOUNCEMENT BY THE ACTING CHAIRMAN ists all day long. It is an easy thing to He is upset because this bill does not The Acting CHAIRMAN (Mr. PRICE of do. There has been a lot of it going on; offer an independent Office of Public Georgia). The Chair admonishes all and, in the end, it is neither here nor Integrity. It does not ban gifts from Members to direct their remarks to the there, in my view. lobbyists. It does not ban lavish jun- Chair and not to another in the second What is important is what we do to kets. It does not close the revolving person. reform this institution and our own be- door that allows Members of Congress havior. Part of our behavior that needs and the administration to go to K b 1400 reforming is earmarks. Over the past 10 Street and become lobbyists. In fact, Mr. DREIER. Mr. Chairman, that is years, we have seen earmarks explode there are more former Members who exactly what I was going to say, what from some 2,000 in all appropriations are lobbyists today in K Street than the Chair just said. I am sure that my bills to more than 15,000 today. That is there are in either caucus; 270 former colleague from Chicago, my very good simply, simply unacceptable. Members now lobby the institution. friend, was not in any way impugning What this legislation does is put a There is no disclosure of lobbyist con- the integrity or motives of any of his Member’s name next to every earmark tacts with members of the administra- colleagues in this institution. and ensures that anyone in the House tion or disclosure of grass roots lob- And I should say that the legislation can challenge that earmark at any bying. itself very specifically says that no point in the process. That is real re- Mr. Chairman, we have an institu- Member may have any decision that is form because what we need is account- tional problem; and it requires an in- impacted that influences an outside ability and transparency. This bill goes stitutional solution. Whether it is hiring decision that another Member a long way toward doing that. record gas prices, sky-high medical raises, and so that is raised in this. Could it go further in certain areas? costs, out-of-reach tuition, the Amer- Mr. Chairman, I yield 11⁄2 minutes to Sure it could. We will see some of those ican people are paying a price for the my very good friend, a great reformer, in the amendment process. But it is a House that Jack and Duke and Tom the gentleman from Phoenix (Mr. start, and it is something positive, and built; and they cannot afford much SHADEGG). we ought to take it in particular re- more. Mr. SHADEGG. Mr. Chairman, I rise gard to earmark reform. When you guys came to Washington in strong support of this bill and com- Again, I commend the leadership for in 1994, you said you were going to mend the chairman for his hard work bringing it forward and plan to vote for change Washington; and Washington on it. it. I urge all Members to do so as well. has changed you. It has become clear Witness after witness on the other Ms. SLAUGHTER. Mr. Chairman, I in the last 12 years, rather than have a side has stood up and said, well, this is yield 3 minutes to the gentleman from contract with America, you have a con- wrong with it, and that is wrong with Illinois (Mr. EMANUEL). tract with K Street. it, and this is wrong with it. I want to Mr. EMANUEL. Mr. Chairman, last When the gavel for the Speaker make the point that, in the course of May, nearly a year ago, my colleagues comes down, it is intended to open the this debate, while we have been here on Mr. MEEHAN, Senator FEINGOLD and I people’s House, not the auction house. the floor, the press has broken a story introduced the first lobbying reform When you look at the prescription drug that a businessman just pled guilty to legislation in the Congress. It has the legislation, you look at the energy leg- paying a $400,000 bribe to a Member of support of Public Citizen, Common islation, you look at what they con- this institution. Cause, and non-partisan scholars like tributed, you see the results: $86 mil- Now, I am not going to mention that Norm Ornstein and Tom Mann, none of lion for lobbying by Big Oil and $15 bil- Member’s name. I don’t think we need

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.023 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2020 CONGRESSIONAL RECORD — HOUSE May 3, 2006 to sink to that level. But it does yet, the ‘‘Hiss Act’’ was, if applied retroactively ployee’s contributions to the retirement sys- once again, in the midst of this debate, to deny Alger Hiss his pension, punitive in tem ‘‘represent valuable rights which were illustrate the need for this bill. nature and not regulatory, and was therefore vested in him at the time . . .’’ and are Of course you can always stand on a prohibited ex post facto law adopted by therefore currently taxable income to the Congress after Hiss had engaged in the sub- employee: ‘‘Present vesting of a right, even the outside and criticize the efforts of ject conduct: if its enjoyment is postponed to the hap- those who are in the arena doing the The question before us is not whether Hiss pening of a future event, is an important as- job. But this bill does take steps for- or Strasburger are good or bad men, nor is it pect of gross income for income tax pur- ward. whether we would grant them annuities if we poses.’’ As to the employee contributions to My colleague on the other side just had unfettered discretion in the matter. The and earnings in one’s Thrift Savings Plan, said it does nothing to change the poli- question is simply whether the Constitution the legislative history of the provisions es- cies that govern this institution. That permits Congress to deprive them of their tablishing the Federal Employee Retirement annuities by retroactive penal legislation. System (FERS) indicates that Congress in- is simply flat wrong. This bill, for ex- We conclude that it does not. We hold that tended for such an account and its earnings ample, enacts dramatic new earmark as applied retroactively to the plaintiffs the to be a current vested property interest of reform which has not existed prior to challenged statute is penal, cannot be sus- the employee, which is not merely a prom- now, which will shine sunshine on ear- tained as regulation, and is invalid as an ex ised future benefit, but rather ‘‘is an em- marks so that if a Member tries to post facto law prohibited by the Constitu- ployee savings plan’’ where the ‘‘employee steer an earmark to their personal ben- tion. owns the money’’ which is merely being held Legislation which is prospective only, such ‘‘in trust for the employee and managed and efit, or any earmark, it can be seen. as the provisions of the current proposed invested on the employee’s behalf ....’’ The I would have wished we would move pension changes in H.R. 4975, 109th Congress, United States Court of Appeals for the Fed- quicker on this, and indeed, perhaps do not appear to offend the constitutional eral Circuit has explained that where there there are some things we could have clause relating to ex post facto laws. The is more than the mere expectation in future done sooner. But it takes time to build provisions of H.R. 4975 would apply the fur- benefits, and where the employee’s rights a coalition. This bill ends the situation ther penalty of loss of creditable service for have already vested in certain amounts, then right now where a Member convicted of one’s federal annuities to those who are con- the retiree has a ‘‘protected property inter- est’’ in such amounts already vested. bribery may collect his pension funded victed of particular federal offenses (such as bribery, acting as an agent of a foreign prin- There may thus be different legal and con- by the American taxpayers after his cipal, and conspiracy to commit such of- stitutional considerations concerning the de- conviction. If that doesn’t create a dif- fenses) only after, that is, subsequent to, the nial of future annuity payments to federal ferent incentive in this institution, I enactment of the proposed legislation. It is employees, as opposed to the forfeiture of don’t know what it does. not a violation of the ex post facto clause to one’s own contributions to the retirement I would reiterate the chairman’s increase by legislation the penalties of system or to the Thrift Savings Plan. This is not to say, of course, that the Government marks. You cannot oppose this legisla- criminal offenses committed after the enact- ment of that legislation. may not by law provide for the loss or abdi- tion, vote against it and say you are cation of one’s own ‘‘property’’ through fine, voting for reform, because what you As to any future annuity payments af- fected, even those ‘‘earned’’ or expected prior forfeiture or other such transfer of that are doing is leaving in place the cur- to the commission of the particular crime in money or property, but rather that legisla- rent rules which do not go far enough. question, judicial precedents have provided a tion which would change the current law to I include in the RECORD a letter from clear indication that future annuity pay- require loss or forfeiture of vested ‘‘prop- erty’’ must meet certain constitutional cri- the Congressional Research Service ments to be provided by the Government for teria. referencing the loss of Federal pension its officers, employees, veterans or others, do annuity payments for conviction of not create a current property right or inter- Ms. SLAUGHTER. Mr. Chairman, I 1 certain crimes and contract issues. est in such future payments, but rather cre- yield 2 ⁄2 minutes to the gentleman CONGRESSIONAL RESEARCH SERVICE, ate a mere ‘‘expectancy’’ or ‘‘government from Maryland (Mr. VAN HOLLEN). Washington, DC, April 27, 2006. fostered expectation’’ which may be modi- Mr. VAN HOLLEN. Mr. Chairman, I fied, revoked or suspended by the authority thank my colleague, Ms. SLAUGHTER, MEMORANDUM granting it through subsequent legislation. for exposing this bill for the sham it is. To: Honorable John B. Shadegg That is, as specifically found by federal It is an insult to voters around this From: Jack Maskell, Legislative Attorney, courts, ‘‘even where . . . there has been com- American Law Division. country, an attempt to create a percep- pulsory contribution to a retirement or pen- tion that we are making changes when, Subject: Loss of Federal Pension Annuity sion fund the employee has no vested right Payments for Conviction of Certain in it until the particular event happens upon in fact, we are not. And not only is the Crimes and Contract Issues. which the money or part of it is to be paid,’’ bill snake oil, but the process by which This memorandum is submitted in re- and thus a ‘‘pension granted by the Govern- this bill is passed is snake oil. sponse to your request for a brief legal anal- ment confers no right which cannot be re- The previous speaker talked about ysis of the permissibility of changing, by leg- vised, modified or recalled by subsequent those who are trying to criticize the islation, the annuity formula and avail- legislation.’’ There would appear to be no process from the outside. Well, let me ability of annuity payments under the fed- violation or abrogation of any specific ‘‘con- just tell you a little story. When this eral retirement system for federal officers tract’’ by increasing the penalties for the bill was before the Judiciary Com- and employees, including Members of Con- violations of certain specific crimes to in- mittee, I offered an amendment. It was gress, if those employees, officers or Mem- clude forfeiture or partial forfeiture of an- a simple amendment to require reg- bers commit certain federal crimes in the fu- ticipated federal annuity payments, even ture. those future benefits which had accrued (or istered lobbyists to disclose contribu- Constitutional considerations concerning for which credit had been ‘‘earned’’) prior to tions they solicit and transfer to Mem- the ex post facto clause of the United States the commission of the crime. It should be bers of Congress in the course of doing Constitution counsel against an attempt to noted that the current provisions of the so- their business. It was an attempt to retroactively deprive former or current offi- called ‘‘Hiss Act,’’ originally adopted in 1954, shine a light on the pay-to-play culture cers, employees, or Members of Congress operate in the manner questioned, that is, a that we have seen in Washington. That their federal pensions, that is, based on a federal officer’s or employee’s annuity pay- amendment passed this Judiciary Com- conviction of law for conduct that occurred ments, even those that were ‘‘credited’’ to mittee on a bipartisan vote of 28–4. before the current legislative changes pro- him or her or ‘‘earned’’ over the course of The Washington Post then wrote an posed to the pension laws are enacted. A pro- many years with the federal government, hibited ex post facto law is one which makes may be forfeited upon the subsequent convic- editorial about it, and I would like to criminal an action which when engaged in tion of one of the particular national secu- cite from that editorial because what was innocent under the law or, as explained rity-related crimes designated in the Hiss the editorial said very clearly was this by the Supreme Court in 1798: ‘‘Every law Act. was a provision that exposed, more that changes the punishment, and inflicts a While there exists no current property in- than any other provision, the way greater punishment, than the law annexed to terest or vested right in future benefits and Washington does business. And they the crime, when committed. Chief Justice payments under the federal retirement sys- said in very prescient manner, we are Marshall explained simply and clearly that tem, there are substantial arguments and in- afraid to shine the light on this issue an ex post facto law ‘‘is one which renders an dications that there does exist a current, act punishable in a manner in which it was vested property interest of federal employees for fear that it will be shot down all not punishable when it was committed.’’ Re- in the contributions that the employees or the more quickly. But, in fact, no other garding specifically the pensions of federal officers themselves make to the retirement disclosure requirement would be more officers and employees, a lower federal court system. In a tax related case, a United useful in explaining the way Wash- in the celebrated Alger Hiss case found that States Court of Appeals found that an em- ington does business than this one.

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K03MY7.070 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2021 Well, what happened? A funny thing The American people demand honesty and in large part because of the lobbying scandal happened on the way to the Rules Com- integrity in their government—as they should. associated with former lobbyist Jack Abramoff mittee from the Judiciary Committee. Cosmetic changes will not suffice. Bold, and the information revealed about his ties to When people voted ‘‘yes’’ in the day- sweeping reforms must be enacted. tribal casinos. The corruption which has been light, it was taken out in the middle of Sadly, the bill before us today fails to meet associated with the explosion of tribal gam- the night, and then the Rules Com- that test, and I cannot support it. bling and political contribution is an issue I’ve mittee denied us an opportunity to I was encouraged when we began this proc- been concerned about for nearly 10 years and vote on that very provision here on the ess in early January and members were urged one I have raised on this House floor numer- floor of the House, a sham process for by the House leadership to provide ideas and ous times. a sham bill. suggestions on changes in lobby and gift These revelations have focused renewed at- Now, this is a lot more than just rules. I sent a three-page letter with several tention on the need for Congress to thoroughly about golf trips for Members of Con- recommendations which I believe should be a review the Indian Gaming Regulatory Act of gress paid for by lobbyists. The funda- part of this debate. Several committees were 1988. We should have a provision in this bill mental issue for the American people is then given the opportunity to come up with re- to close the tribal contribution loophole that al- what it is costing them every day be- forms under their jurisdiction. lows funneling of millions of dollars into cam- cause we don’t have better rules to But tinkering around the edges is not real paign coffers. shine the light on lobbyists. reform. I believe this bill fails to fully acknowl- How can we even begin to call this the Lob- And we should look at the current edge that the current system is broken, and it bying Accountability and Transparency Act gas prices right now. This institution fails to offer genuine reform. without addressing the issues that initially and the President has signed now two It pains me to say that we have reached the fueled this debate? bills in the last several years on en- point where the ethics process in Congress Then we come to the issue of so-called ear- ergy. Both were said to be a big provi- has become paralyzed and unworkable. Bipar- mark reform. True reform and transparency in sion to reduce the price of gas. Well, we tisanship and comity which used to be the all know what a sham those bills were. the process of identifying how taxpayer dollars norm have been replaced with partisanship What one of those bills did was create are being spent must be comprehensive re- billions of dollars of subsidies to the oil and animosity. Rules with no enforcement are form. The spotlight has to shine on every com- and gas industry at a time that indus- useless. mittee—appropriating and authorizing includ- try has experienced record profits and We had the opportunity through this legisla- ing the tax writing committee. Lobbyists don’t people are seeing high prices at the tion to establish an independent, non-partisan limit their work to appropriations issues. They pump. Office of Public Integrity to provide credibility lobby year round advocating for a myriad of We heard the other day this Band-Aid in the ethics process and ensure fairness for issues across the committees of Congress— proposal from the Republican Senate, every member on both sides of the aisle. But tax credits, defense programs, transportation $100 rebate. What the American people this bill has no provision to create that office. projects. The narrow focus on only the appro- are looking for is not chump change. While this legislation offers some increased priations process in the bill as written is not They are looking for real change in the lobbying disclosure reporting requirements and real reform. Real earmark reform must include process in Washington so that we can penalties for noncompliance, it doesn’t go far projects in authorization bills like the ‘‘Bridge change this country and take it in the enough. to Nowhere.’’ right direction. With regard to the revolving door between We had an opportunity today to make true, Mr. DREIER. Mr. Chairman, for a congressional service and lobbying Congress, fundamental, substantive reforms in the way unanimous consent request, I yield to current law is a one-year cooling off period, business is done in Washington and restore my good friend from Vienna, Virginia, and as I read it, this bill keeps the status quo, the confidence of the American people in this my classmate (Mr. WOLF). opening the door after a one-year ban—albeit institution. This legislation before us and the (Mr. WOLF asked and was given per- with some added notification and disclosure few amendments allowed under the rule fail mission to revise and extend his re- requirements. To show real reform, we should this institution and the American people. More marks.) be debating keeping the door closed for a amendments should have been allowed from Mr. WOLF. Mr. Chairman, I rise in opposi- much longer period of time, similar to the Sen- members of both parties. tion to H.R. 4975 because I do not believe it ate bill which I understand is a two-year ban. In a 1799 letter to Patrick Henry, George is truly reform. And it’s not just Congress where the revolv- Washington said, ‘‘The views of Men can only I had looked forward to the day on the floor ing door should be shut longer. I believe the be known, or guessed at, by their words or ac- when the House by its actions could dem- executive branch needs scrutiny. tions.’’ Would our Founding Fathers think our onstrate to the American people that we take My amendment was made in order to re- actions today are the best we can do to re- seriously the call for bold reforms in the wake strict former ambassadors and CIA station store integrity to this institution? of recent lobbying and ethics scandals. chiefs from lobbying on behalf of the foreign I think they would say we can and we must In reviewing H.R. 4975, the Lobbying Ac- nations where they have been stationed. Cur- do better. countability and Transparency Act, I am dis- rently, an ambassador can leave the service Mr. DREIER. Mr. Chairman, I yield 1 appointed to say that today is not that day. of the United States one day and be hired the minute to the very hardworking chair- Last week I read in The Washington Post very next day as an agent of foreign nation man of the Committee on Administra- that some members are saying people don’t where they had served. These officials see tion, our friend from Grand Rapids, care about lobby reform. Well, I care and I be- Michigan (Mr. EHLERS). lieve the American people care, too. A Wash- every decision the United States makes in re- Mr. EHLERS. Mr. Chairman, I am ington Post-ABC News poll last month showed lation to that country. They have access to in- that 63 percent of Americans called ‘‘corrup- telligence, policy documents and other con- very pleased to rise and defend the bill tion in Washington’’ important to them. fidential information. that is before us. Having worked in Washington for over three But under today’s rules, the day they leave I am astounded at some of the debate decades, I understand that lobbying is a part they have every legal right to use that same I have heard here, including rising gas of everyday life in the nation’s capital. Every information on behalf of a foreign nation. prices, which has nothing to do with day, good people walk the halls of Congress Being an ambassador or CIA station chief is a this bill. making the case for their constituency, advo- high honor. That person becomes the face of We hear a lot about a culture of cor- cating on any number of issues and causes our nation in the country where they are serv- ruption. That is utter nonsense. I am with great passion and insight from cancer re- ing. We must safeguard the integrity of these proud of my colleagues in this body, by search to education reform to human rights positions. and large, very hardworking, good peo- awareness to environmental protection. Yet how can we debate subjecting certain ple trying to do the people’s business Yet something has gone terribly wrong with executive branch officials to a five-year revolv- honestly and well. the general culture of Washington. Standards ing door statute when this bill fails to extend The point is, we have to put in place of conduct have shifted. What is acceptable the cooling off period for members leaving some restrictions, some rules to deal today would not have been tolerated 20 years Congress or even allow debate on this mat- with those few who stray and do some- ago. ter? Therefore, I am withdrawing my amend- thing that shouldn’t be done. That is We must break the cycle of ‘‘Washington ment. what this bill is about. It is fair. It is business as usual’’ which has impugned the We also are supposedly here today consid- reasonable. It will provide penalties for honor and integrity of this institution. ering legislation to tighten lobbying regulations those who violate the rules of the

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We the proposals I introduced several a quasi-contractual manner: quids to be fol- want a bill that the Senate will look at months ago requiring lobbyists to lowed by quos, to be matched in subsequent and say, this is wonderful, let us pass itemize their reports so we know how election cycles for those who follow the rules. it, too. We have to accommodate the much money lobbyists spend on Mem- Simply put, large contributions imply principles of this body. We have to bers and their staff. You know, we do obligational contracts between a candidate work and put in place all of the compo- this in campaign finance, and the same and large donors. nents of this bill which have been care- openness should apply to these trans- In a cyclonic cycle, legislators are caught in fully worked out on both sides of the actions. And I thank the gentleman for dozens of swirls that buffet the fabric of bal- aisle, so that we will have a good bill, including that proposal in this pack- anced democratic judgment. Priorities become a fair bill. And I urge that we adopt age. impossible to set, thus making deficit financing this bill. But, you know, looking at lobbyists a virtual inevitability. The last point should be Ms. SLAUGHTER. Mr. Chairman, I and lobbying reforms is only part of stressed—federal deficits and the economic did have some speakers on the way, but the process. We have to look also at problems they create are not unrelated to at this moment, they are not on the the way we behave as well in this campaign financing abuses. Deficits begin with floor, so I will reserve. House. In particular, Congress must ad- choices on federal spending and taxation and Mr. DREIER. Mr. Chairman, I yield 1 dress earmarks. each begins in promises and obligations, and minute to the gentleman from Dallas Now, Mr. Chairman, it is my fervent all this begins in the way campaigns are run, (Mr. HENSARLING), a very hardworking hope that we would not simply stop in politics as usual—in commitments to large reformer of this institution. with earmark reform for appropriation donors. Mr. HENSARLING. Mr. Chairman, bills. As authorization bills and tax Lord Acton, the British statesman, immor- one cannot legislate morality, but one bills often include infamous and egre- talized his public service with the observation can legislate transparency. gious earmarks, we should seek to that power corrupts, with absolute power tend- But from listening to today’s debate, make these processes open and honest ing to corrupt absolutely. It strikes me that a it appears that Democrats are now as well. Again, I am not opposed to ear- fitting corollary to the Acton dictum is the no- against more transparency. Perhaps marks in general. I think that the leg- tion that even more corrupting than aspiring to the recent ethical woes of several high- islative branch has a role to play in power is the fear of losing it. This fear leads profile Democrats may help explain this area. It is not simply an area for to timidity, if not complacency, on reform why. My colleagues on the other side of the executive branch to play. But it is agendas. Today, for instance, we face one of the the aisle have now said no to tax relief an area where the transparency and most troubling scandals of modern times. It that created 5 million new jobs. They the light of day should shine on all ear- uniquely involves PACs, Members of Con- have said no to more domestic oil pro- marks. Transparency will then make gress, relatives of Members, lobbyists, insider- duction, to lower gas prices, and now sure that the good ones rise to the top controlled non-profit organizations, and K they are saying no to transparency for and actually will be passed and the Street interest groups acting surreptitiously lobbying activities. other ones which are not so good will I say yes to this legislation because obviously fall by the wayside. and in concert to advantage themselves at the it has transparency where we need it, If I may add one other comment, Mr. expense of the public. It is the story of raising and that is on earmarking, earmarking Chairman. As this legislation goes cash, disguising sources and buying influence. which includes examples like the through the process, I am a little bit The Jack Abramoff affair is a disgrace. But Bridge to Nowhere in Alaska, the $50 concerned about GSEs and govern- care must be taken to recognize that it may million for an indoor rainforest in ment-sponsored entities, and I would not be aberrational. There is a systemic ele- Iowa, and $1 million for the Rock and commend the gentleman to look as it ment to the problem and it involves the sul- Roll Hall of Fame, and the list goes on goes through the process as we revisit lying role of money in politics. A government and on. this in conference. of the people, by the people and for the peo- How Congress spends the people’s Mr. DREIER. Mr. Chairman, for a ple cannot be a government where influence money is where true reform is needed, unanimous consent request, I yield to is purchasable. The subordination of individual and no one spends more of the people’s our hardworking and very senior col- rights to indiscriminate moneyed influence is money than Democrats. league from Davenport, Iowa (Mr. the subordination of representative democracy Now, Mr. Chairman, I admit there LEACH). to institutional oligarchy. Kakistocracy is the are many good and useful earmarks. (Mr. LEACH asked and was given per- end result. We are not eradicating them today. We mission to revise and extend his re- To put recent events in context, the legend are simply reforming them. And I con- marks.) of the Ring of Gyges is instructive. In The Re- gratulate Chairman DREIER for his Mr. LEACH. Mr. Chairman, To be blunt, we public, Plato’s brother Glaucon tells the story work, and the gentleman from Arizona can do better than this. of a shepherd in Lydia who finds a magical (Mr. FLAKE) for his leadership on this Congress is missing the big picture. Ethics ring. After an earthquake revealed a cave, the issue. cannot be legislated, but the role of lobbyists story goes, Gyges discovered a gold ring on I urge passage. and their disproportionate, sometimes cor- an enthroned corpse inside and put the ring in Mr. DREIER. It appears again that rupting, power can. The issue is money in pol- his pocket. Later with his fellow shepherds, my friends on the other side don’t have itics and the need for campaign reform. Gyges noticed that when he turned the collet any remaining speakers. I know you There is nothing wrong with any of the pro- of the ring to the inside of his hand, he be- are waiting and want to reserve the posals being considered today except that came invisible. When he turned the ring the balance of your time. Absolutely, in a they do not do enough. Neither this, nor I sus- other way, he reappeared. Confident that the bipartisan sense of comity, we want pect any Democrat substitute, includes what ring was indeed magical, he contrived to be you to reserve the time. really matters. chosen as a messenger sent to the court. I yield 11⁄2 minutes to the gentleman What is too often lost in debates sur- Once there, he used his invisibility power to from New Jersey (Mr. GARRETT). rounding Congressional ethics is the notion of seduce the queen, kill the king and take the Mr. GARRETT of New Jersey. Mr. the public interest and concern for the public kingdom. Chairman, I rise today in support of good. Instead, in our discussions, especially Glaucon’s story suggests that when individ- this legislation, and I congratulate the off the Floor, a desire is frequently expressed uals are invisible—i.e., in a democracy out of gentleman from California for your to appeal to one or the other political party’s sight of their constituents—it is difficult to re- work. base. Interest groups make it clear that they sist enticement and act virtuously. The current It is critical that we scrutinize lob- expect to be attended to and rewarded for Congressional scandals suggest that some ac- bying activities to help restore the support provided. tors may have thought they had gotten hold of

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It is important to try So I come to you to tell you what it to end political action committees and go to a and make sure that we all understand is we want: disclosure of the lobbying system of small donations matched by federal what the rules of behavior are, the campaigns. We want stronger revolving funds. The public wants less expensive, less rules of procedure, so as to avoid prob- door provisions. We want fundamental conflicted, less divisive politics. Public service, lems ahead of time. changes to gift, travel, and employ- not political partisanship should be the goal. When my predecessor in this seat was ment relationships among Members of Finally, with regard to the Abramoff scandal, the chairman of the Ethics Committee, Congress, the lobbying firms, and the it should be noted that one of the principal lob- he instituted the Office of Advice and lobbyists. bying objectives of the gambling interests he Education; its goal was simply to make H.R. 4975, that is being handled so represented was to block the kind of anti-inter- sure that everyone knows what is hap- well by the gentlewoman from New net gambling legislation that Representative pening. This bill mandates that all York, in its current form is illusionary. GOODLATTE and I have been pushing for the staff will have training in what is con- There is not real lobbying and ethics past 8 years. Passing internet gambling en- sidered ethical behavior and will en- reform. forcement legislation is the unfinished busi- courage us to do the same thing so we So I urge my colleagues to reject this ness of a Congress in disrepute. It should, as know what is taking place. weak and ineffective legislation. I suggested to the Rules Committee, be part I am grateful that the chairman, Mr. Mr. DREIER. Mr. Chairman, I reserve of this bill, as should the campaign reform DREIER of California, has had an open the balance of my time. amendment I requested be considered. But as process, has invited everyone to par- Ms. SLAUGHTER. Mr. Chairman, I chagrined as I am that the legislation before ticipate in here, because what we are yield myself the balance of my time. dealing with are simply the guidelines us doesn’t do more, I am obligated to register Mr. Chairman, there is no good rea- established for those who are the good appreciation for the commitment of leadership son for anybody to vote for this bill. As guys in this body, which is by far the to bring forth a serious bill on the internet we said, practically every major news- majority of those on this side as well gambling issue by the first week of June. paper and every good-government Ms. SLAUGHTER. Mr. Chairman, I as the other side of the aisle. group has discredited it. Ms. SLAUGHTER. Mr. Speaker, I continue to reserve the balance of my And let me tell you what it does not yield 3 minutes to the gentleman from time. do: Mr. DREIER. Mr. Chairman, I yield 2 Michigan (Mr. CONYERS), the ranking It does nothing to prevent the abuses minutes to our hardworking friend member on Judiciary. that regularly occur with conference (Mr. CONYERS asked and was given from Utah (Mr. BISHOP), a member on reports, including the addition of se- permission to revise and extend his re- the Rules Committee. cret, last-minute perks and protections Mr. BISHOP of Utah. Mr. Chairman, marks.) for big business. Mr. CONYERS. Ladies and gentlemen I tend to agree that this was probably It does nothing to stop the majority of the House, we have got a number of a do-nothing bill, only in the respect leadership from jamming massive con- problems, as you have heard with the that the vast majority of the people on ference reports through the House be- proposal here for lobbying account- both sides of this aisle will do nothing fore the ink is dry and before Members ability and transparency. to violate the procedures and the pro- read the bill. posals that we will have placed in b 1415 It does nothing to stop the majority from locking Democrats out of con- front. The main thing I want to bring to ference meetings and negotiations. From my own personal perspective, I your attention is that, throughout the It does nothing to stop the majority was the Speaker of the House in Utah scandals that have illustrated how from repeatedly waiving the rules on before I came here. Of the 75 members, large sums of money were spent se- every bill that comes to the House a far easier body to manage than this, cretly to conduct lobbying campaigns, 72 of them were the kind I knew would floor. the current Lobbying Disclosure Act It does nothing to stop the majority give the shirt off their back, a sight I requires the disclosure of lobbying ac- from shutting out Democrat amend- hoped never to see, give the shirt off tivities that involve direct contact ments on the floor. their back for the good of the State. with Members of Congress, but there is It does nothing to curb the practice There were three I always had to check no disclosure requirement for profes- of holding votes open on the floor to on what they were doing. I thought sional lobbying firms that are retained change the outcome of a vote. that percentage of good to bad actors to spend money on campaigns aimed at It does nothing to keep lobbyists was fairly good for the State of Utah. stimulating the public to lobby Con- from writing major legislation behind But as I have been here in Congress, I gress, including multimillion dollar ad- closed doors. think that same percentage applies to vertising campaigns. We need stronger It does not ban gifts from lobbyists. this body. It applies to large industrial revolving door provisions. It does not ban corporate travel. groups. It applies to church groups. It So I rise reluctantly against a Lob- It does not stop or slow the revolving applies to the lobbyist community. It bying Accountability and Trans- door. probably applies to every group except parency Act that does not seriously re- It does not do anything the majority maybe those who are incarcerated form the system. This bill really rep- says it does. right now. Both sides of the aisle are resents an effort for some to have it Voting for this bill violates the core good, decent people, and laws will not both ways, holding on to the financial principles of the Democratic Party and magically change the behavior that has benefits and perks they receive from everything we have fought for in this been developed on those few bad actors lobbyists and other special interests, Congress. No Member of this House that will be there. while claiming they have dealt with should vote for this bill. It is not just So what purpose do we have in this? the lobbying ethics problems in Con- a bad bill. It is a dishonest bill. It is to establish a means of rules to gress. Mr. Chairman, I yield back the bal- clarify and certify who the good guys This Republican proposal is problem- ance of my time. are. atic because it does not address the Mr. DREIER. Mr. Chairman, I yield I also was a lobbyist for that time be- problems that have given rise to the re- myself the balance of my time. tween when I was a legislator and came cent lobbying scandals and the falling Mr. Chairman, as I said at the outset, here. And I want you to know that the confidence of Americans in the integ- we have gone through a long, bipar- laws that are proposed in here to rity of Congress. tisan, 4-month process to get to where change lobbyist laws are good ones. The ban on privately sponsored trav- we are. Speaker HASTERT began in Jan- They are effective. They will make a el, as you have heard, only exists uary saying we need as an institution

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A03MY7.029 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2024 CONGRESSIONAL RECORD — HOUSE May 3, 2006 to step up to the plate and deal with and we have come up with a bill that I The Committee on Standards of Official the issue of lobbying and ethics reform, believe is strong. I believe it is bold. I Conduct is the only committee of the House and that is exactly what we have done. hope we will be able to do more, but with an equal number of Democrats and Re- Again, we have worked with Demo- this is legislation that allows us to publicans. The Committee can only work ef- crats and Republicans, outside organi- move forward in a positive way. fectively in a bipartisan manner. In March the zations; and, as I have listened to the Mr. CARDIN. Mr. Chairman, this bill rep- Senate passed strong ethics and lobbying re- debate and the statements made from resents a missed opportunity for the House to form legislation by a vote of 90 to 8, and I am my colleagues on the other side of the address lobbying and ethics reform in a re- disappointed that the House is not given the aisle, it is very obvious to me that they sponsible manner. Our ethics process in the similar opportunity today to pass a strong bill. have failed to read this legislation. House of Representatives is broken, and the I will support the Motion to Recommit which Mr. Chairman, in virtually every sin- actions of some members and lobbyists have would substitute the text of H.R. 4682, which gle area that my friend from Rochester brought discredit to the reputation of this body. I have co-sponsored, which would strengthen just addressed, this is addressed in the That is why I am so disappointed in the re- our ethics and disclosure standards. legislation. And if it is not actually ad- sponse of the House leadership in bringing I urge my colleagues to reject this legisla- dressed in the legislation itself, we this extremely weak bill to the floor today, tion. have made commitments that we are using a partisan process which deliberately Mrs. MALONEY. Mr. Chairman, I rise in going to, as we move this process for- shuts out debate on the most pressing reform strong opposition to H.R. 4975, the so-called ward, get into a conference with the issues before this House. ‘‘Lobbying Accountability and Transparency Senate and address some of these I served on the House Committee on Stand- Act.’’ issues of concern. ards of Official Conduct from 1991 to 1997. I The time is long past due for meaningful Critics seem to be absolutely intent served as the ranking member of the adjudica- lobbying reform. We have seen scandal after on telling us what this bill is not. Ev- tive subcommittee that investigated and ulti- scandal emerging in the past year that has erything that was said by my friend mately recommended sanctions against former demonstrated that the way business has been from Rochester was in the negative. Speaker Gingrich. In 1997 the House leader- done in Washington must be changed. Just imagine if we went through every ship appointed me to serve as the Co-Chair- The public deserves to have an open gov- single day lamenting what is not. man of the House Ethics Reform Task Force, ernment with honest elected officials who are Today is not Christmas; that is ter- with my colleague Bob Livingston from Lou- truly acting in the best interests of their con- rible. Today is not Thanksgiving, and isiana. Our bipartisan task force came up with stituents, not their own personal or financial in- that is terrible. Today is not my birth- a comprehensive set of reforms to overhaul terests. It’s time for the culture of corruption to end. day, and that is terrible. But what does the ethics process. We created a bipartisan package to change House and committee Yet the bill that has come to the floor today it get us? It does not get us a thing. does little to reform the lobbying process. I am Searching for storm clouds on a clear rules which the House adopted. This was the last bipartisan revisions of House ethics proce- disappointed that the Rules Committee failed day is a recipe for inaction and defeat- dures. to make in order numerous Democratic ism. Our bipartisan legislative package in 1997 amendments that would have enacted funda- Mr. Chairman, Speaker HASTERT and also included a provision which authorized mental changes including a substitute amend- I and the leadership team here and the non-members to file complaints against mem- ment that contained provisions from the ‘‘Hon- Republicans and, I am happy to say, bers, provided that the complaints were in est Leadership and Open Government Act’’ some Democrats have indicated to me writing and under oath. Unfortunately, the full which I and many of my Democratic col- that they are interested in not defeat- House rejected this proposal, and for the first leagues have cosponsored. This legislation, ism; they are interested in pursuing time the House closed its doors to the receipt among other important provisions, would clean vigorous reform. of outside ethics complaints. In March I testi- As I listened to the litany of what up the government contracting process, en- fied before the Rules Committee and urged this bill is not, I think it is very impor- sure that votes on the House floor are not them to allow consideration of my amendment, tant again, as I have read some of these held open for hours to twist arms, and ban which I subsequently filed with the Committee. editorials which mischaracterize the gifts from lobbyists. I am disappointed that the Committee would This is not a problem requiring only cos- legislation, as I listened to the rhetoric not even allow my amendment to come up for metic solutions. This is a serious problem that that mischaracterized this legislation, a vote in the full House, and that it also re- needs fundamental reforms to restore the in- let us again look at the bill and just fused to allow the House to consider the alter- tegrity not only of the political process, but of four simple things of what this bill is: native approach offered by Mr. SHAYS and Mr. Congress. This bill actually doubles the fines, MEEHAN to create an independent Office of We must act to restore the public’s con- doubles the fines, for lobbyists who fail Public Integrity (OPI) to receive and inves- fidence in their House, the people’s House. to disclose. This bill adds the possi- tigate complaints from non-members. I believe that true reform must include the bility of jail time for failing to comply Our ethics process has broken down in the proposals put forth in the ‘‘Honest Leadership with the Act. This bill adds oversight past. Indeed, when our task force was meet- and Open Government Act,’’ and since the to make sure disclosure information is ing and deliberating in 1997, the House took Majority has refused to let that happen, I will accurate. It gives the public full, on- the extraordinary step of imposing a morato- oppose the bill before us and I urge my col- line access to disclosure reports. It rium of the filing of new ethics complaints. leagues to do the same. withdraws the government-funded pen- I am afraid we have reached a similar Mr. MORAN of Virginia. Mr. Chairman, the sion for people who commit the crimes crossroads in the House today. Some mem- House of Representatives will vote today on a that we have outlined in the legisla- bers have recently talked about ethics ‘‘truces’’ bill that the authors think will help end the cul- tion. in which the political parties have voluntarily ture of corruption that exists in the Congress So, Mr. Chairman, anyone who tries agreed to place a moratorium on filing ethics and restore the public’s confidence in this to say that they are supporting a re- complaints, regardless of the merits of the body. committal motion, are going to vote charges. The Chairman of the Ethics Com- I will vote no on this bill, H.R. 4975, not be- against this legislation because it does mittee was removed from his position, perhaps cause I believe we do not need to address not do enough is, in fact, standing in as retaliation for agreeing, on a bipartisan these significant matters, but because the bill the way of reform. basis, to repeatedly admonish the former fails to provide any real reform at all. Many people said we should get this House Majority Leader for ethical misconduct We have an opportunity today to make sig- thing out. The Speaker and I said we and transgressions. Outside good government nificant changes in the way we perform the wanted this to pass by early March. groups have repeatedly called for non-mem- people’s business and to help restore the peo- Obviously, we needed more and more bers to be permitted to file ethics complaints. ple’s confidence in their elected representa- input from Members, from outside or- In December 2004 the Congressional Ethics tives. With this bill, the majority, who only a ganizations, from academics, from our Coalition, a nonpartisan group which included few months ago was shouting for reform, has constituents who are concerned about Common Cause, Democracy 21, Judicial failed to seize this opportunity. In fact, it has this issue. And, Mr. Chairman, we ex- Watch, and Public Citizen, issued a statement presented a bill that contains no significant re- tended beyond that early March date. which called on Congress to authorize non- form at all. Here we are now in early May, having members to file ethics complaints against Throughout the country, far too many peo- listened to so many different people, members of Congress. ple believe that Congress gives its vote to the

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\CR\FM\K03MY7.077 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2025 highest bidder. This perception must be elimi- I will vote against H.R. 4975, a fig leaf of re- to reinstate an amendment to H.R. 4975 that nated, but the minor changes in this bill will form, and support meaningful lobbying reform had been added in the Judiciary Committee, not do so. by voting to recommit this bill to Committee but was somehow stripped out en route to the Restoration of the people’s respect of Con- and replace it with H.R. 4682, the Honest Rules Committee. gress requires one thing—that we change the Leadership and Open Government Act of My amendment simply requires ‘‘registered way our political campaigns are financed. 2006, our stronger Democratic bill. lobbyists’’ to disclose the fact that they have While our campaign finance rules have been Mr. SMITH of Texas. Mr. Chairman, I am ‘‘solicited and transmitted’’ a campaign con- strengthened over the years, they remain in- pleased that the Lobbying Accountability and tribution. Moreover, my amendment would re- sufficient. Transparency Act is being considered today. quire that lobbyists, who serve as campaign The time has come to take private money Accountability and transparency with respect treasurers and chairman of political commit- out of politics—entirely—and, in its place, pro- to the lobbying profession is necessary to en- tees to disclose that as well. This amendment vide limited public funding for all Congres- sure public confidence in how Members and was added to the Lobbying Disclosure Act on sional campaigns. This is real reform. And it is staff of this House interact with the outside April 5, 2006 by a vote of 28 to 4. the only type of reform that will even begin to world. It is ironic that an editorial about this restore the respect and trust of the American And I further believe that this legislation will amendment in the Washington Post, on April people in Congress. help brighten the lines for Members and staff 13, 2006, stated—‘‘We are almost reluctant to The bill before us today will not do this, and in terms of what is permissible behavior and flag this provision for fear that it will be shot we must into fool ourselves into believing that what is not. down all the more quickly, but in fact no other it will. Consistent with this need to have such disclosure requirement would be more useful Mr. ETHERIDGE. Mr. Chairman, I rise in bright line, I want to make certain that some in explaining the way Washington does busi- opposition to H.R. 4975, the so-called Lob- of the language in the bill is understood to ness than this one.’’ bying Accountability and Transparency Act of mean what it says and nothing more. I am not sure what appalls me more, the 2006. Under Section 105(7), lobbyists would be fact that the bill does precious little to address With the massive corruption investigation of required to disclose ‘‘the date, recipient, and the problems that have created the culture of lobbyist Jack Abramoff, the bribery conviction amount of funds contributed by the registrant corruption on Capitol Hill or the fact that the of Rep. Randy ‘‘Duke’’ Cunningham and the or an employee listed as a lobbyist by the reg- few enhancements to the bill, added through additional inquiries into the actions of even istrant under paragraph (2)(C); (A) to, or on the committee process, have been summarily more members of Congress, it had been my behalf of, an entity that is named for a cov- deleted without a debate or vote. The irony is hope that the Speaker and Republican leaders ered legislative branch official, or to a person that the abuse of power that has taken place of the House would act to erase the dishonor or entity in recognition of such official; or (B) on the Hill, that undermines the confidence of that has befallen this institution. Unfortunately, to an entity established, financed, maintained, this is not the case. Instead the House Repub- the American people, is alive and well in the or controlled by a covered legislative official.’’ management of the bill that was originally de- lican Leadership has brought before us a bill Members have a longstanding history, and that insults the intelligence of the American signed to correct such abuses. one that I respect, of raising money for and The bill before us today is a weak attempt people. This bill fails to slow the revolving being otherwise involved with charitable orga- to create the allusion of reform. It fails to ad- door between congressional service and lob- nizations. bying; it fails to require disclosure of Members’ dress: the problems with the revolving door This provision would apply to charities when between public service and lobbying, the contacts with lobbyist, lobbyists’ fundraisers such charity is named for a covered legislative and other events that honor Members of Con- showering of benefits to Members of Congress branch official, or when a charity recognizes a by lobbyists who have business before them, gress. It delays real action on privately funded covered legislative official. travel and gifts until after the November elec- the need to enhance a broken Ethics Com- It would also apply to a charity that is estab- mittee process and the need to reform the tions. It fails to crack down on pay-to-play lished, financed, maintained or controlled by a schemes, and includes loophole-laden ear- campaign financing system that creates the covered legislative official. It would not apply dangerous intersection between congressional mark provisions that would not have exposed in any other circumstance. the infamous ‘‘Bridge to Nowhere’’ and does action and campaign fundraising. It would not apply, for instance, when the The amendment that is before the Com- nothing to prohibit dead-of-night special inter- spouse of a Member engages in such activity est provisions. mittee today, in my opinion, is a modest but independent of his or her spouse’s official po- important step in the direction to expose some I have always believed that public office is sition. a public trust. I work every day to live up to sunlight on the activities where registered lob- Mr. Chairman, this is good legislation. byists have business before the Congress the trust the people of North Carolina’s Sec- The Republican record is long, and it is ond Congressional District have placed in me. while at the same time soliciting and transmit- strong on the issue of lobbying reform. ting campaign contributions, in addition to The recent Republican corruption scandals Republicans have delivered on ethics reform serving as officers that run campaigns and po- anger me because they threaten the bonds time and time again. litical committees. I believe that these prac- between the American people and their elect- In 1989, we enacted a Bush Administration tices should be studied for the prospects of fu- ed leaders. proposal that included numerous ethics re- ture regulation. The Speaker and Republican Leadership forms. However, at the very least, I believe that we earlier this year promised real reform, but this We cleaned up the House banking and post need to compel the disclosure of these activi- is not it. I support the real lobbying reform in office scandals. H.R. 4682, the Honest Leadership and Open When we became the majority in 1995, we ties to the American people. We need to cre- Government Act of 2006. Our bill will require instituted more reforms, including the first sig- ate transparency around the campaign finance lobbying disclosure, including lobbyists’ fund- nificant lobbying disclosure bill. practices that a registered lobbyist performs, raisers and other events that honor Members And remember it is a Republican Justice as well as, the business that they bring to and more. It will double the period in which Department that is prosecuting the cases that Members of Congress. As Justice Brandeis former Members are prohibited from lobbying have led to this legislation. has said, ‘‘sunlight is the best disinfectant’’. their former colleagues, from one year to two This reform package represents a great im- Moreover, this disclosure will allow the Amer- years; it will permanently ban travel, gifts and provement over the current system. ican people to see the whole picture, of lob- meals from registered lobbyists to Members of It will deter wrongful behavior by giving the bying activity, so that they may judge, for Congress, and prohibit Members from using public a better view of what their elected offi- themselves, the propriety of the transactions corporate jets for officially connected travel cials are doing in Washington. that have become an everyday practice in and shut down the K Street project. In addi- These reforms will shine a light on Con- Washington. tion, the Democratic lobbying and ethics re- gress by making lobbying disclosure reports With public opinion of Congress at an all form proposal will change the way Congress more frequent, accurate and accessible to the time low, we owe the American people a seri- does business; allowing Members enough public. ous bill that is not a ‘‘reform bill’’ in name only. time to review bills, requiring earmark reform This legislation is a welcome change in the The culture of corruption that has plagued the and mandating open conference committee rules governing lobbying and ethics. 109th Congress is probably only rivaled, in in- meetings. These reforms and others would I thank Chairman DREIER and the Congres- famy, by the Watergate era. The American give the public full faith and confidence that sional leadership for their worthwhile efforts. people have seen Members of Congress: give Members of the U.S. House are operating Mr. VAN HOLLEN. Mr. Chairman, I am here appropriations earmarks in exchange for a honestly. today to ask that you grant me the opportunity Rolls Royce and lavish antiques; enjoy posh

VerDate Aug 31 2005 02:14 May 04, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.040 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2026 CONGRESSIONAL RECORD — HOUSE May 3, 2006 golf trips in Scotland at the expense of Native nearly three decades. Even lobbyists say so. limits ($50 per gift; $100 per year from any American tribes who were exploited by nefar- When asked about the significance of the one source). ious lobbyists, determine which lobbyists on K House lobbying reform bill by The Buffalo Unlike current ethics rules, lobbyists would Street get the lucrative contracts, channel News, Paul Miller, president of the American be required to report to the Ethics Committee campaign finances to Members’ spouse and League of Lobbyists answered: ‘‘That little all gifts they give to Members and staffs. children, and bend the House rules to allow thing?’’ Tickets to sporting events would be valued the House leadership to bend the arms of In fact, the measure is a ruse that fails to at face value rather than artificially set below Members to force a particular vote outcome. address any of the major problems with con- face value, as is currently provided under The American people are shocked and ap- gressional ethics and lobbying that have sur- House gift rules. palled by these activities. However, the real faced over the past year. When it comes to 3. Revolving Door shocker is the reality that many people do not lobbying reform, Congress is not up to the Maintains the current 1-year cooling-off pe- see, i.e. the nexus between these conflicts of task. riod, during which retiring Members and their interest and the pocketbooks of the American H.R. 4975 takes a cynical approach to re- staffs are prohibited from making direct lob- people. The effects can be seen in the influ- forming lobbying disclosure and behavior on bying contacts with their former colleagues. ence of the oil industry in gaining subsidies Capitol Hill and is opposed by Public Citizen Retiring Members and their staffs may conduct while gas prices are skyrocketing, as well as and other reform groups. The bill fails to re- all lobbying activities except for making lob- the impact that the pharmaceutical industry strict campaign fundraising activities by lobby- bying contacts immediately after leaving public had in drafting the Medicare Part D bill that ists, fails to ban gifts from lobbyists, fails to office. prohibits drug importation and the competition curb revolving door abuses, and fails to create Requires Members to disclose to the Ethics for price reduction. an independent oversight and compliance of- Committee when they are negotiating future We need to restore the trust of the Amer- fice. It bans privately sponsored travel—but private-sector employment that may pose a ican people. We need to start today by allow- only until after the next election. This legisla- conflict of interest; the disclosure must be ing this bill to be made into a real lobbying re- tion not only is inadequate, it makes a mock- made within 5 days of negotiations for com- form bill. I urge the Committee to rule my ery of the lobbying reform drive. pensation. However, Members are not re- amendment in order so that I have the chance To make matters worse, a very restrictive quired to recuse themselves from official ac- to add my amendment to this bill a second rule has been attached to the bill that prohibits tions involving potential future employers. time. floor consideration of any strengthening 4. Disclosure amendments, which means that the bill cannot REAL LOBBYING REFORM Imposes quarterly, rather than semi-annual, be improved upon when the House considers A HOUSE COMMITTEE TACKLES THE NEXUS BE- reporting deadlines on lobbyists’ financial re- it on Wednesday. Representative CHRIS TWEEN CAMPAIGN CASH AND LEGISLATIVE IN- ports. FLUENCE SHAYS, MARTY MEEHAN and others have of- Establishes electronic filing and disclosure Don’t hold your breath for this to turn up fered a package of strong reforms that are of lobbyist reports. in the final version of lobbying reform, but prohibited from consideration because of this Requires lobbyists to report their campaign the House Judiciary Committee approved an rule. contributions to candidates, committees and amendment last week that would help shed A. SUMMARY OF H.R. 4975 leadership PACs on lobbyist disclosure reports light on the symbiotic relationship between An earlier package of lobbying reforms pre- as well as to the Federal Election Commis- lobbyists and lawmakers. Offered by Rep. sented in January by House Speaker DENNIS Chris Van Hollen (D–Md.), the provision sion. HASTERT and Representative DAVID DREIER would require lobbyists to report not just 5. Section 527 Organizations called for a ban on privately sponsored travel; the campaign contributions they gave di- Subjects federal section 527 political organi- prohibited gifts from lobbyists, including meals; rectly to lawmakers but also the campaign zations to the reporting requirements and con- and doubled the revolving door ‘‘cooling-off’’ checks they solicit for or deliver to law- tribution limits of federal campaign finance period from 1 to 2 years, during which retiring makers—in other words, a measure of the law. real influence they wield. Astonishingly, this Members of Congress and their staffs could Applies a minimum 50–50 allocation ratio of proposal passed the Judiciary Committee by not make direct ‘‘lobbying contacts’’ with their a vote of 28 to 4—along with the underlying hard and soft money for section 527 organiza- former colleagues. tions involved in both federal and non-federal bill, a proposal that started out weak and But on Feb. 5, newly elected House Majority was watered down from there. election activity, but caps soft money contribu- Leader JOHN BOEHNER said on ‘‘Fox News We’re almost reluctant to flag this provi- tions for non-federal activity at $25,000 per Sunday’’ that ‘‘[B]ringing more transparency to sion for fear that it will be shot down all the year. this relationship [with lobbyists], I think, is the more quickly, but in fact no other disclosure Repeals current limits on party coordinated best way to control it. But taking actions to requirement would be more useful in ex- expenditures with candidates. plaining the way Washington does business ban this and ban that, when there’s no ap- than this one. That may help explain why, pearance of a problem, there’s no foundation 6. Earmarks until now, it hasn’t been a part of any of the of a problem, I think, in fact, does not serve Requires the disclosure of the names of major proposals. The central role that lobby- the institution well.’’ In the end, BOEHNER’s re- members who sponsor earmarks in appropria- ists play in hunting, gathering and deliv- luctance for significant reform won out among tions bills and conference reports. ering campaign cash—rather than the checks the Republican conference. Allows members to object to and remove they write directly—is the true source of specially targeted earmarks that were not dis- their power. But while both sides in the The final legislative proposal speeding through the House does not include any of the closed in the original appropriations bills or transaction are well aware of how much Lob- conference reports under point of order rules. byist X has raised for Representative Y, the earlier reform provisions. Instead, H.R. 4975 media and the public are—at least based on proposes the following: By informal agreement, House leaders have the required disclosures—in the dark. 1. Travel pledged to expand the earmarking provision in Presidential candidates—first George W. Temporarily suspends privately sponsored conference committee to apply to all tax and Bush and after that Sen. John F. Kerry and travel for Members of Congress and their authorizing bills as well as appropriations bills. other Democrats—have shown that it’s fea- staffs until after the 2006 elections. 7. Forfeiture of Retirement Benefits sible to provide information about the Permits corporate jets to be used to trans- Cancels retirement benefits for members amounts bundlers have raised for them; their convicted of a crime related to their official du- voluntary disclosure has added significantly port Members, reimbursed at first-class airfare to public understanding. If lawmakers are se- rates, but does not permit lobbyists to travel ties in public office. rious about effective reform, making certain with Members on these corporate jets. Lobby- B. WHAT H.R. 4975 DOES NOT DO the Van Hollen amendment survives would ists could, however, attend and participate in H.R. 4975 does not address the most seri- be a good way to demonstrate their commit- the rest of the travel junket. ous problems that gave rise to the recent ment. Instructs the House Ethics Committee to de- spate of lobbying and ethics scandals. Indicted Mr. CONYERS. Mr. Chairman, the U.S. velop by December 15 a new ethics policy re- super-lobbyist Jack Abramoff could have done House of Representatives will vote on the garding privately sponsored travel, which business as usual even if the ‘‘reforms’’ con- ‘‘Lobbying Accountability and Transparency would likely emphasize pre-approval of trips tained in H.R. 4975 had been in existence Act of 2006’’ (H.R. 4975) on Wednesday, May by the Committee. while he was working. 3. The measure is a woefully inadequate re- 2. Gifts Several of the most serious problems that sponse to the most significant ethics and lob- Gifts to Members and their staffs would con- have not been addressed by this bill, nor by bying scandals that have swept Capitol Hill in tinue to be permitted under the existing gift the Senate bill, include:

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.044 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2027 1. No meaningful enforcement mechanism is offered community’s favorite means for subsidizing the Republicans who voted against the restric- The legislation leaves in place the failed and campaigns and travel of lawmakers with the tive rule include: Reps. CHRIS SHAYS (R– discredited system for enforcing House ethics expectation of receiving something in return. Conn.), TODD PLATTS (R–Pa.) JIM RAMSTAD and lobbying rules. The House ethics com- 4. No effort is made to slow the revolving door. (R–Minn.), former House ethics committee mittee has been missing in action during all Currently, 43 percent of retiring members of chairman JOEL HEFLEY (R–Colo.), KENNY the scandals involving unmonitored lobbying Congress—those who retire for reasons other HULSHOF (R–Mo.), a former member of the activities, travel junkets and unregulated gifts. than death or conviction—spin through the re- panel, JEB BRADLEY (R–N.H.), WALTER JONES Even two years after news of the activities of volving door to become lobbyists. The current (R–N.C.), JIM KOLBE (R–Ariz.), CHARLES BASS Abramoff and his allies first came to light, ‘‘cooling-off’ period prohibits former members (R–N.H.), STEVE CHABOT (R–Ohio), MARK there is no known congressional inquiry into and staff only from making direct ‘‘lobbying GREEN (R–Wisc.) and JAMES SENSENBRENNER allegations that lawmakers took improper or il- contacts’’ with their former colleagues for one (R–Wisc.). legal actions on behalf of lobbyists. In fact, the year after leaving public service. They can, For a complete roll call vote on the restric- House ethics committee didn’t even meet in and do, engage in all other lobbying activity, tive rule, go to: www.CleanUpWashington.org/ 2005—during the height of the scandal—and including planning lobbying strategy, super- documents/vote4975rule.pdf. has met in 2006 just twice—once to squabble vising a team of lobbyists and making lobbying The rule prohibits consideration of all but over its future direction and a second time to contacts with others in government who were nine amendments among the 73 that were secretly approve H.R. 4975 and send it to the not in the same branch of government or con- submitted for consideration. None of the floor. gressional committee. They are prohibited only amendments advocated by the reform commu- Regardless of the details of the law Con- from picking up the telephone and calling their nity as strengthening amendments are allowed gress passes, if no one is watching and no former colleagues. to be considered on the House floor. In addi- credible mechanism for enforcement exists, H.R. 4975 does not attempt to expand the tion, the rule: there likely will be little compliance with the coverage of the revolving door prohibition to Allows for one hour of debate, equally di- law. include ‘‘lobbying activity’’ as well as ‘‘lobbying vided between the majority and minority par- 2. No effective steps are taken to break the cor- contacts.’’ The bill does not even extend the ties; rupting nexus between lobbyists, money and one-year cooling-off period to two years. Reinstates the provisions to regulate Sec- lawmakers Note: For a chart comparing Senate and tion 527 political organizations as political While H.R. 4975 does require some addi- House lobbying reform legislation, go to committees subject to federal election con- http://www.cleanupwashington.org/documents/ tional disclosure requirements of contributions tribution limits; and LegCompare.pdf. For more links to information by lobbyists, the House bill does nothing to Repeals current party coordinated expendi- about lobbying reform, go to http:// break the lobbyist-money-lawmaker nexus. ture limits; and www.cleanupwashington.org/lobbying/ Unlike state laws in California and Tennessee Removes a provision calling for the General page.cfm?pageid=24. that prohibit contributions from lobbyists, H.R. Accountability Office to study contingency fees 4975 does not impose any new limits on cam- C. HOUSE FLOOR ACTION paid to lobbyists who secure earmarks. paign contributions from lobbyists or fund- H.R. 4975 cleared all the committee hurdles Most of the amendments that are allowed raising done by lobbyists for members. Nor with almost no amendments in just one week. for consideration would weaken the already does it place any new limits on the ways lob- House Republican leaders clearly want fast weak bill. The nine permissible amendments action on the final bill, most certainly before byists or their employers provide financial ben- are as follows: any further indictments are issued in the wid- efits to members, such as hosting fundraising ening corruption investigations. They have SUMMARY OF ORDERED AMENDMENTS (LENGTH OF TIME events for members. PERMITTED FOR DEBATE) also closed off any chance for the full House Not only does H.R. 4975 fail to slow the (1.) Gohmert (Texas) #29. Strikes the cur- to consider strengthening amendments by at- flow of money from lobbyists to lawmakers, rent section 106 that establishes criminal pen- taching a very restrictive closed rule to the bill. but it does not even take the simple step of The restrictive rule attached to H.R. 4975 alties for violations of the law. (10 minutes) restricting lobbyists from controlling the purse was approved by a near party-line vote of (2.) Castle (Del.)/Gerlach (Pa.) #38. Re- strings of lawmakers. Lobbyists may still serve 216–207 on April 27 during a tumultuous floor quires that lobbyists be held liable for offering as treasurers of lawmakers’ campaign commit- session. After a discombobulated performance gifts that violate the gift ban. (10 minutes) tees and leadership PACs. The bill no longer on the House floor in the morning, in which (3.) Lungren (Calif.)/Miller, George (Calif.)/ even requires disclosure of lobbyist participa- the GOP leadership pulled the lobbying reform Hastings (Wa.)/Berman (Calif.)/Cole (Okla.) tion in fundraising events or parties honoring rule from the floor 24 minutes after it was in- #6. Modifies section 301 to allow privately members. troduced because they lacked the votes to sponsored travel during the temporary morato- 3. The temporary travel moratorium is a slap in the pass it, the leaders whipped their colleagues rium if pre-approved by the ethics committee. face to anyone trying to curb the abuses of con- into line by evening in a closed-door emer- (10 minutes) gressional travel junkets gency session that lasted an hour and a half. (4.) Sodrel (Ind.)/McGovem (Mass.)/Davis While the bill provides a temporary suspen- Many moderate House Republicans op- (Ky.) #47. Amends section 502 to add a vol- sion of privately funded trips for lawmakers, it posed the rule because the bill did not go far untary ethics training program for members does so in a way that raises deep concerns enough in reforming ethics and lobbying prac- within 100 days of being sworn in to Con- that these trips will be reinstated as soon as tices. For example, Representative JEFF FLAKE gress. (10 minutes) the 2006 congressional elections are over and told The Washington Post: ‘‘You have one of (5.) Jackson-Lee (Texas) #53. Modifies the the incumbents are re-elected. The legislation your members in jail, others being inves- extent to which pensions can be withheld from provides for the House ethics committee to tigated. To still take the position that we don’t the spouse and family. (10 minutes) recommend travel rules for members by Dec. need reform—it’s unbelievable.’’ (6.) Gingrey (Ga.) #14. Extends the prohibi- 15, 2006, and sets the stage for establishing Other Republicans, such as Appropriations tion on converting campaign dollars for per- in future years an ineffective ‘‘pre-approval’’ Committee Chairman JERRY LEWIS objected sonal use currently applicable to campaign system by the House ethics committee for that the earmarking provision applied only to committees to leadership PACs. (10 minutes) members’ privately funded trips. This ap- the 11 appropriations bills, but not to the tax (7.) Wolf (Va.) #7 [WITHDRAWN BY proach would not end the travel abuses that and authorizing bills of other committees, such WOLF]. Prohibits former ambassadors and have occurred, even if there was a publicly as the transportation committee, which pro- CIA station chiefs from acting as an agent of credible House ethics committee to approve duced the ‘‘bridge to nowhere’’ earmark. the foreign nation where they were stationed the trips, which there is not. Under this ap- House Republican leaders worked out a deal for five years after their service as ambas- proach, the temporary suspension of privately with the appropriators that the earmark provi- sador or station chief is completed. (10 min- funded trips could end after the November sion would be extended to tax and authorizing utes) elections without a direct vote on ending the bills in conference committee. (8.) Castle (Del.) #34. Requires that all reg- suspension or on adopting travel rules for fu- In the end, all Democrats and only 16 Re- istered lobbyists (not members of Congress) ture years. publicans refused to support the restrictive complete eight hours of ethics training each H.R. 4975 also allows members and staff to rule. Republicans voted 216 in favor of the Congress. (10 minutes) continue to be shuttled on corporate jets to rule and 12 against, with three not voting. No (9.) Flake (Ariz.) #17. Prohibits a person faraway wonders of the world at the low, dis- Democrat voted in favor of the rule, while 194 from directly or indirectly, corruptly giving, of- counted rate of a first-class ticket (compared voted against it and seven did not vote. One fering or promising anything of value to any to charter rates). This is one of the business Independent voted against the rule. public official with the intent to influence any

VerDate Aug 31 2005 04:31 May 04, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.047 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE H2028 CONGRESSIONAL RECORD — HOUSE May 3, 2006 official act relating to an earmark. Also pro- However, neither the Republican leadership age ordinary Americans from participating in hibits a public official from corruptly demand- nor the Democrat leadership have offered a the policy process. Among the ways H.R. ing, seeking, receiving, accepting or agreeing solution that addresses what is important, the 4975 silences ordinary Americans is by requir- to receive or accept anything of value in return Ethics Committee. ing grassroots citizens’ action organizations to for influence in the performance of an official I think we’ve missed a good opportunity to divulge their membership lists so Congress act relating to an earmark. (10 minutes) do some good things and I look forward to can scrutinize the organizations’ relationships D. CONCLUSION: REJECT H.R. 4975 AND MAKE THE working with my colleagues in addressing fur- with members of Congress. The result of this HOUSE ADDRESS GENUINE LOBBYING REFORM ther reforms in the future. will be to make many Americans reluctant to H.R. 4975 is not real lobbying reform. It fails Mr. BLUMENAUER. Mr. Chairman, the leg- support or join these organizations. Making it to address the most fundamental abuses of islation before us today is a missed oppor- more difficult for average Americans to have ethical behavior by lobbyists and members of tunity to fix an area in great need of reform. their voices heard is an odd response to con- Congress alike. The bill instead is being used The bill does little to reign in the activities of cerns that Congress is more responsive to as a vehicle for Republican leaders to claim lobbyists and members and the restrictive rule special interests than to the American public. that have dealt with lobbying abuses while prevented many viable alternatives from being This legislation further violates the First avoiding sweeping changes. Republican lead- considered. Amendment by setting up a means of secretly ers are betting that H.R. 4975 will be enough There are a lot of things we can do through applying unconstitutional campaign finance to dodge a voter backlash come November. the Ethics Committee and the Rules Com- laws to ‘‘Section 527’’ organizations. This is This sham reform legislation should be re- mittee to improve our broken ethics system. done by a provision in the rule under which jected and sent back to the House to be fun- But what we should and must do is have an this bill is brought before us that automatically damentally rewritten. If the House refuses to independent process. My colleague from Or- attaches the ‘‘527’’ legislation to H.R. 4975 if deal with corruption and the perception of cor- egon, GREG WALDEN, and I crafted an amend- H.R. 4975 passes the House and is sent to ruption in Congress, the issue should not be ment that would deal comprehensively with the Senate for a conference. allowed to fade as the election nears. accountability and oversight of Congress in a H.R. 4975 also contains minor reforms of Public Citizen is a national, nonprofit con- way that we cannot accomplish under the cur- the appropriation process to bring greater sumer advocacy organization based in Wash- rent system. Our amendment would have es- transparency to the process of ‘‘earmarking,’’ ington, D.C. For more information, go to tablished an independent commission, com- where members seek funding for specific www.citizen.org. posed of former Members of Congress, who projects in their respective district. I have no Mr. HEFLEY. Mr. Chairman, I rise today in would be able to govern Congress in a fair objection to increased transparency, and I opposition to the lobbying reform bill because and transparent manner. The amendment also share some of the concerns raised by oppo- this legislation does not go far enough in re- provided meaningful reporting and review re- nents of the current earmarking process. forming the rules of the House. quirements for both Members and lobbyists. However, I would like to remind my col- As the former House Ethics Committee Our constituents will no longer stand for se- leagues that, since earmark reform does not chairman I feel H.R. 4975 does very little in cretive legislative activity where the sponsor is reduce the total amount of spending, instead providing comprehensive reform. This bill con- not identified and the fingerprints are missing. giving more power to the executive branch to tains much needed changes to lobbying re- Time must be allotted to digest proposals. allocate federal funds, the problem of mem- form and I congratulate Chairman DREIER for There’s no reason why there should not be a bers trading their votes in exchange for ear- putting together these much needed changes. minimum of 3 days to examine something be- marks will continue. The only difference will be Unfortunately, this bill is silent on reforming fore it is voted on, unless there is a real emer- that instead of trading their votes to win favor the rules of this institution to enhance the eth- gency determined by a vote of the House. with Congressional appropriators and House ics process, which are equally as important as I think we can, and must, do more if we are leadership, members will trade their votes to the lobbying changes. to restore voters’ faith in both their representa- We had an opportunity to implement com- get funding from the Executive branch. Trans- tives and the system in general. While it is prehensive ethics reform in the House, but un- ferring power over allocation of taxpayer dol- true that some who broke the law were caught fortunately we are not taking advantage of this lars from the legislative branch to the execu- and are now being punished, it is clear that opportunity. Real, meaningful reform in the tive branch is hardly a victory for republican we must do better if we are to rekindle the House must include strengthening the Ethics government. Reducing Congress’s role in allo- trust of the American people in our work and Committee and the ethics process. cating of tax dollars, without reducing the Fed- our integrity. Representative HULSHOF and I introduced a eral budget, also means State and local offi- Mr. PAUL. Mr. Chairman, the public outrage bill last month to strengthen the ethics com- cials, to say nothing of ordinary citizens, will over the Jack Abramoff scandal presented mittee in ways this bill does not. have less input into how Federal funds are Our legislation would do three things this bill Congress with an opportunity to support real spent. does not: reform by addressing the root cause of the Earmarks, like most of the problems H.R. It would increase transparency across the corruption: the amount of money and power 4975 purports to deal with, are a symptom of board, it would increase oversight, and it located in Washington, D.C. A true reform the problem, not the cause. The real problem would give the Ethics Committee the authority agenda would focus on ending federal funding is that the United States government is too to aggressively investigate potential violations for unconstitutional programs, beginning with big, spends too much, and has too much when necessary. those programs that benefit wealthy corpora- power. When the government has the power Our legislation includes broad and sweeping tions and powerful special interests. Congress to make or break entire industries by changing disclosure across the board for all gifts over should also change the way we do business one regulation or adding or deleting one para- $20, all privately funded travel, all lobbyist reg- in the House by passing the Sunlight Rule (H. graph in an appropriation bill it is inevitable istrations, all passengers on corporate jets, Res. 709). The Sunlight Rule ensures that that people will seek to manipulate that power and all member financial disclosure state- members of the House of Representatives and to their advantage. Human nature being what ments. All disclosure would be on the internet the American public have adequate time to it is, it is also inevitable that some people and all in real time. read and study legislation before it is voted seeking government favors will violate basic Mr. Chairman, the bill we introduced would upon. Ending the practice of rushing major norms of ethical behavior. Thus, the only way give the Ethics Committee broader subpoena legislation to the House floor before members to effectively address corruption is to reduce power during informal investigations, which is have had a chance to find out the details of the size of government and turn money and when the key decisions are made regarding bills will do more to improve the legislative power back to the people and the several whether to fully investigate a potential viola- process and restore public confidence in this states. tion. institution than will imposing new registration The principals in the recent scandals where Our legislation would strengthen the inde- requirements on lobbyists or making staffers not deterred by existing laws and congres- pendence of the chair and ranking member by waste their time at an ‘‘ethics class.’’ sional ethics rules. Why would a future Jack giving them presumptive six year terms like I am disappointed, but not surprised, to see Abramoff be deterred by H.R. 4975? H.R. other chairmen. that Congress is failing to go after the root 4975 is not just ineffective to the extent that it Our bill would also strengthen the independ- cause of corruption. Instead, we are consid- burdens the ability of average citizens to sup- ence of the ethics committee staff by making ering placing further burdens on the people’s port and join grassroots organizations to more this a career office, like the parliamentarians exercise of their free speech rights. H.R. 4975 effectively participate in the policy process, office, yet with the accountability all staff will not deter corrupt lobbyists, staffers, or H.R. 4975 violates the spirit, if not the letter, should have. members. What H.R. 4975 will do is discour- of the First Amendment. I therefore urge my

VerDate Aug 31 2005 02:47 May 04, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 9920 E:\CR\FM\A03MY7.048 H03MYPT1 jcorcoran on PROD1PC62 with HOUSE May 3, 2006 CONGRESSIONAL RECORD — HOUSE H2029 colleagues to reject this bill and instead work Sadly, the process by which this legislation ‘‘Congress still doesn’t get it,’’ said USA to reduce corruption in Washington by reduc- comes before us has been fundamentally un- Today. The New York Times writes ‘‘It’s hard ing the size and power of the Federal Govern- democratic. The Rules Committee disallowed to believe that members of Congress mindful ment. the large majority of amendments that would of voters’’ diminishing respect would attempt Mr. HOLT. Mr. Chairman, it is an honor and improve this weak bill. It disallowed an amend- such an election-year con.’’ And the Houston a privilege to serve in the U.S. Congress. Hav- ment that would have required registered lob- Chronicle asks ‘‘How many more members of ing been entrusted by our constituents with byists to disclose lobbying contacts with Mem- Congress, their aides and lobbyists have to be the responsibility to serve their interests in this bers of Congress and senior executive branch convicted of fraud, bribery and abuse of vot- body, we hold a sacred trust to represent officials. It disallowed an amendment to in- ers’ trust before legislators get the message them openly, honestly, and selflessly. crease the waiting period for Members and that the public is serious about ethics reform?’’ Serving as a public official necessarily and senior staff to lobby Congress. And it dis- The Democratic reform plan, the Honest rightly subjects an individual to heightened allowed an amendment to require full payment Leadership and Open Government Act, which scrutiny of behavior. It is tragic that scurrilous and disclosure of charter flights. I have cosponsored, would address each of actions perpetrated by Members of this body The Democratic alternative is a better way. these serious inadequacies, while further have further eroded the trust that Americans The Honest Leadership Open Government Act strengthening lobbyist disclosure requirements place in their electoral and representative sys- would address these shortcomings and more. to shine some light into the relationship be- tem. Congress must act expeditiously and It would prohibit special interest provisions tween campaign donors, lobbyists and Mem- strongly to restore this trust. from being inserted in legislation in the dead bers of Congress. Unfortunately, the legislation that we have of night, before they can be adequately re- Yet, in what has become a standard abuse before us today is nothing more than a sham. viewed and debated. It would restore democ- of House Rules, Democrats were denied the It is a feeble attempt to fool the public—a racy in the House by prohibiting votes from opportunity to debate a number of substantive package of half-hearted cosmetic changes that being held open to twist arms and lobby Mem- amendments seeking to improve and strength- merely nibble at the edges of a fundamentally bers on the floor, and would prohibit cronyism en many components of the bill. Consideration flawed governing ethos. of substitute legislation was blocked as well, H.R. 4975 falls far short of its two goals— in key government appointments and govern- denying Members the chance to vote on the fixing the systemic problems that have led to ment contracting. We would also permanently actual reforms included in the Democratic abuses of power, and restoring the faith of ban gifts and travel arranged or funded by lob- Honest Leadership and Open Government American citizens in the integrity of this institu- byists, mandate disclosure of lobbyist fund- Act. tion. raising activities on behalf of Members, and Recent scandals prove that we need to do close the revolving door between the public The American people have seen the im- something to ensure that Congressional travel and private sector. pacts resulting from the lax policies of this Re- is legitimate. Domestic and international travel The Washington Post calls this bill, ‘‘a wa- publican Congress in many ways. Spiraling is an important way to inform our representa- tered-down sham.’’ USA Today calls it an prescription drug costs, the skyrocketing cost tion and see the effects of our decisions in dif- ‘‘outrageous substitute for needed reform.’’ of gasoline, waste, fraud and no-bid contracts ferent communities and countries. For exam- Third party interest groups like Common in the Gulf Coast and Iraq, are all cases ple, Members of Congress should have the Cause, Democracy 21, the League of Women where a more open legislative process with opportunity to travel to Israel, Burma, Greece, Voters, Public Citizen, and U.S. P.I.R.G. have reasonable oversight could have saved con- Brazil, or other destinations where the votes all condemned this weak and inadequate effort sumers thousands. cast in this chamber have a real impact. Such to kick the can down the road. We have an While this Republican Leadership may be trips are entirely different from golf junkets to historic opportunity to reform the way business perfectly content in perpetuating a clearly Scotland. Nonprofits and educational agencies is conducted in Washington, D.C., and we are flawed status quo, sticking to business as should continue providing this important serv- poised to miss that opportunity. usual regardless of the multiplying and in- ice because it informs Members in a setting I urge my colleagues to oppose H.R. 4975 creasingly brazen cases of misconduct, and free of special interest lobbyists. However, and support real reform. promising more reform at some indefinite date H.R. 4975 does nothing to stop lobbyists from Mr. LEVIN. Mr. Chairman, I rise in strong in the future, I know the American people both funding and arranging Congressional travel. opposition to this legislation. demand and deserve a real response. This is Such travel should be permanently banned al- The American people are losing their faith in simply a smoke screen by Members of the together. H.R. 4975 also fails because it im- the integrity of Congress. Today we had a real Majority to delay real action right here and poses no restrictions on the use of corporate opportunity to curb the influence of the special right now. jets by Members, and does not require reim- interests and lobbyists, and to disburse the Today Member after Member from the Re- bursement of the flight’s actual value. cloud of corruption hanging over this Congress publican Party came to the House floor not to Sunshine, as they say, is the best disinfect- as a result of the improprieties of a small mi- extol the virtues of this legislation but to as- ant, and H.R. 4975 does not do nearly enough nority who have disgraced its good name. sure their colleagues that this was just a com- to allow the public to know the interaction be- Yet this watered-down attempt at reform promise, and that more would be done in con- tween elected officials and lobbyists. H.R. falls far short of what we need to do to restore ference and in the future. The American peo- 4975 contains no meaningful disclosure re- confidence in the legislative process. This bill ple do not want a compromise. They don’t quirements on lobbyist campaign finance ac- is reform in name only. Under this bill compa- want to hear any more false promises of fu- tivities on behalf of Members of Congress. We nies could continue to fly members in their ture action. The continuing cost of inaction has must let the public know about fundraisers, corporate jets at discount rates. Members resulted in the loss of the confidence of the events ‘‘honoring’’ Members, or outright con- could continue to accept lobbying jobs shortly American people. tributions that special interest lobbyists are after drafting and advocating for industry- I will vote against this legislation today and lavishing upon elected officials. The bill has friendly legislation. Members could influence support the Democratic motion to recommit to been stripped of any such requirements. private employment decisions with the threat send the bill back to Committee with instruc- It is clear that the practice of ‘‘earmarking’’ of taking or withholding official actions. And tions to immediately report the measure back is not the ideal way to fund the needs of the special interest provisions could continue to be to the House with the text of the Honest Lead- nation. Basing funding decisions not on merit, slipped into legislation at the eleventh hour. In- ership and Open Government Act. but on the influence and seniority of a Member stead of developing a real policy to govern Mr. DINGELL. Mr. Speaker, I rise to oppose of Congress inherently does a disservice to gifts and meals, this legislation defers that de- the legislation before us today. I oppose it, not the nation. Earmarking needs to be severely cision until after the elections in November. because I oppose clean, open, and trans- restricted. At a minimum, each Member should This bill also postpones adoption of a clear parent government; or because I don’t want be willing to fully disclose the requesting orga- policy regarding special interest and lobbyist- the American people to have faith in their leg- nization or person and explaining the purpose sponsored private travel. islators. of the project publicly. Unfortunately, H.R. The bill before the House is not going to I oppose it, quite simply, because all it does 4975 fails to achieve this goal. Its disclosure fool anyone. Across the country, newspapers is put lipstick on a pig. It allows the Repub- requirements apply only to appropriations are blasting the GOP lobbying reform bill for lican majority to give themselves a self con- bills—not to authorization or tax bills. It’s a the farce that it is. gratulatory pat on the back and then proceed half-measure, at best, that would do nothing to The Washington Post has called it ‘‘a wa- with business as usual. It allows those same stop wasteful and unnecessary projects like tered-down sham that would provide little in Republicans, who have let K Street and cor- the ‘‘Bridge to Nowhere.’’ the way of accountability or transparency.’’ porate greed-heads to feast at the trough of

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The Matheson Pickering Snyder Branch other than making people fill out a question is on the motion offered by Matsui Pitts Sodrel couple more forms. the gentleman from New York (Mr. McCarthy Platts Solis I have served in this beloved institution for KUHL) that the House suspend the rules McCollum (MN) Pombo Souder quite a while now. I love it with all my heart. McCotter Pomeroy Spratt and agree to the concurrent resolution, McCrery Porter Stark In my time here I have always tried to do right H. Con. Res. 359, on which the yeas and McDermott Price (GA) Stearns by the people. I have always tried to spend nays are ordered. McGovern Price (NC) Strickland their money wisely. I have tried to make sure McHenry Pryce (OH) Stupak The vote was taken by electronic de- that their government responds to their con- McHugh Radanovich Sullivan vice, and there were—yeas 417, nays 0, McIntyre Rahall Sweeney cerns. I have tried to make sure that the Exec- not voting 15, as follows: McKeon Ramstad Tancredo utive Branch, whether it was run by Demo- McKinney Rangel Tanner crats or Republicans, understood Congres- [Roll No. 114] McMorris Regula Tauscher sional prerogatives. And the Congress, as a YEAS—417 McNulty Rehberg Taylor (MS) Meehan Reichert Taylor (NC) whole, used to respect these privileges as Abercrombie Costa Hastings (FL) Meek (FL) Renzi Terry well. Ackerman Costello Hastings (WA) Meeks (NY) Reyes Thomas Things have changed. They have changed, Aderholt Cramer Hayes Melancon Reynolds Thompson (CA) not because there’s a thriving business for Akin Crenshaw Hayworth Mica Rogers (AL) Thompson (MS) Alexander Crowley Hefley Michaud Rogers (KY) Thornberry lobbyists—lobbyists thrived when Congress Allen Cubin Hensarling Millender- Rogers (MI) Tiahrt was honest—but because this Congress now Andrews Cuellar Herger McDonald Rohrabacher Tiberi sees K Street’s interests as its own. Not only Baca Cummings Herseth Miller (FL) Ros-Lehtinen Tierney have we seen a rise in a culture of corruption, Bachus Davis (AL) Higgins Miller (MI) Ross Towns Baird Davis (CA) Hinchey Miller (NC) Rothman Turner but we have also seen the withering of the Baker Davis (FL) Hinojosa Miller, Gary Roybal-Allard Udall (CO) culture of skepticism. Baldwin Davis (IL) Hobson Miller, George Royce Udall (NM) Too many people here in the Congress ac- Barrett (SC) Davis (KY) Hoekstra Mollohan Ruppersberger Upton cept, without a moment’s hesitation, the prior- Barrow Davis (TN) Holden Moore (KS) Rush Van Hollen Bartlett (MD) Davis, Jo Ann Holt Moore (WI) Ryan (OH) Vela´ zquez ities of a lobbyist. No questions are asked, no Bass Davis, Tom Honda Moran (KS) Ryan (WI) Visclosky criticisms are made. Doing K Street’s bidding Bean Deal (GA) Hooley Moran (VA) Ryun (KS) Walden (OR) is not our job, representing the American peo- Beauprez DeFazio Hostettler Murphy Salazar Walsh ple is. Until the Majority figures that out, no Becerra DeGette Hoyer Murtha Sa´ nchez, Linda Wamp Berkley Delahunt Hulshof Musgrave T. Wasserman amount of reform and self-congratulations is Berman DeLauro Hunter Myrick Sanchez, Loretta Schultz going to change our image or restore the faith Berry Dent Hyde Nadler Sanders Waters of the American people. Biggert Diaz-Balart, L. Inglis (SC) Napolitano Saxton Watson Mr. DREIER. Mr. Chairman, I yield Bilirakis Diaz-Balart, M. Inslee Neal (MA) Schakowsky Watt Bishop (GA) Dicks Israel back the balance of my time, and I Neugebauer Schiff Waxman Bishop (NY) Doggett Issa Ney Schmidt Weiner move that the Committee do now rise. Bishop (UT) Doolittle Istook Northup Schwartz (PA) Weldon (FL) The motion was agreed to. Blackburn Doyle Jackson (IL) Norwood Schwarz (MI) Weldon (PA) Accordingly, the Committee rose; Blumenauer Drake Jackson-Lee Nunes Scott (GA) Weller Blunt Dreier (TX) and the Speaker pro tempore (Mr. LIN- Oberstar Scott (VA) Westmoreland Boehlert Duncan Jefferson Obey Sensenbrenner Wexler DER) having assumed the chair, Mr. Boehner Edwards Jenkins Olver Serrano Whitfield PRICE of Georgia, Acting Chairman of Bonilla Ehlers Jindal Ortiz Sessions Wicker the Committee of the Whole House on Bonner Emanuel Johnson (CT) Otter Shadegg Wilson (NM) Bono Emerson Johnson (IL) the State of the Union, reported that Owens Shaw Wilson (SC) Boozman Engel Johnson, E. B. Oxley Shays Wolf that Committee, having had under con- Boren English (PA) Johnson, Sam Pallone Sherman Woolsey sideration the bill (H.R. 4975) to pro- Boswell Eshoo Jones (NC) Pascrell Sherwood Wu vide greater transparency with respect Boucher Etheridge Jones (OH) Pastor Shimkus Wynn Boustany Everett Kanjorski Paul Shuster Young (AK) to lobbying activities, and for other Boyd Farr Kaptur Payne Simmons Young (FL) purposes, had come to no resolution Bradley (NH) Fattah Keller thereon. Brady (PA) Feeney Kelly NOT VOTING—15 Brady (TX) Ferguson Kennedy (MN) f Brown (OH) Filner Kennedy (RI) Barton (TX) Evans Nussle Brown (SC) Fitzpatrick (PA) Kildee Buyer Green, Gene Osborne ANNOUNCEMENT BY THE SPEAKER Brown, Corrine Flake Kilpatrick (MI) Culberson Hall Poe PRO TEMPORE Brown-Waite, Foley Kind DeLay Kingston Putnam Ginny Forbes King (IA) Dingell McCaul (TX) Sabo The SPEAKER pro tempore. Pursu- Burgess Ford King (NY) ant to clause 8 of rule XX, proceedings Burton (IN) Fortenberry Kirk ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE will resume on motions to suspend the Butterfield Fossella Kline The SPEAKER pro tempore (during Calvert Foxx Knollenberg rules previously postponed. the vote). Members are advised that Votes will be taken in the following Camp (MI) Frank (MA) Kolbe Campbell (CA) Franks (AZ) Kucinich there are 2 minutes remaining in this order: Cannon Frelinghuysen Kuhl (NY) vote. H. Con. Res. 359, by the yeas and Cantor Gallegly LaHood nays; Capito Garrett (NJ) Langevin H.R. 5253, by the yeas and nays; Capps Gerlach Lantos b 1447 H.R. 5254, by the yeas and nays. Capuano Gibbons Larsen (WA) Cardin Gilchrest Larson (CT) So (two-thirds of those voting having Proceedings on House Resolution 781 Cardoza Gillmor Latham will resume at a later time. Carnahan Gingrey LaTourette responded in the affirmative) the rules The first electronic vote will be con- Carson Gohmert Leach were suspended and the concurrent res- ducted as a 15-minute vote. Remaining Carter Gonzalez Lee olution was agreed to. Case Goode Levin electronic votes will be conducted as 5- Castle Goodlatte Lewis (CA) The result of the vote was announced minute votes. Chabot Gordon Lewis (GA) as above recorded. f Chandler Granger Lewis (KY) Chocola Graves Linder A motion to reconsider was laid on AUTHORIZING USE OF CAPITOL Clay Green (WI) Lipinski the table. Cleaver Green, Al LoBiondo GROUNDS FOR DISTRICT OF CO- Clyburn Grijalva Lofgren, Zoe Stated for: LUMBIA SPECIAL OLYMPICS LAW Coble Gutierrez Lowey Mr. PUTNAM. Mr. Speaker, on roll- ENFORCEMENT TORCH RUN Cole (OK) Gutknecht Lucas call No. 114 I was unavoidably detained Conaway Harman Lungren, Daniel The SPEAKER pro tempore. The Conyers Harris E. at the White House. Had I been present, pending business is the question of sus- Cooper Hart Lynch I would have noted ‘‘yea.’’

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