S550 CONGRESSIONAL RECORD — SENATE January 16, 2007 PRYOR and LINCOLN have raised signifi- trict court judges are also subject to ORDER OF PROCEDURE cant concerns about how ‘‘Bud’’ Senate confirmation and are not polit- Mrs. FEINSTEIN. Madam President, Cummins was asked to resign and in ical positions, there is greater likeli- I ask unanimous consent that after the his place the administration appointed hood that their choice of who should bill is reported, Senator CORNYN be rec- their top lawyer in charge of political serve as an interim U.S. attorney ognized to speak with respect to the , Tim Griffin. I have would be chosen based on merit and bill for up to 10 minutes and that Sen- been told Mr. Griffin is quite young, 37, not manipulated for political reasons. ator SANDERS then be recognized to and Senators PRYOR and LINCOLN have To me, this makes good sense. call up amendment No. 57. expressed concerns about press reports Finally, by having the district court The PRESIDING OFFICER (Ms. that have indicated Mr. Griffin has make the appointments, and not the KLOBUCHAR). Without objection, it is so been a political operative for the RNC. Attorney General, the process provides ordered. While the administration has con- an incentive for the administration to f firmed that 5 to 10 U.S. attorneys have move quickly to appoint a replacement been asked to leave, I have not been and to work in cooperation with the CONCLUSION OF MORNING given specific details about why these Senate to get the best qualified can- BUSINESS individuals were asked to leave. didate confirmed. The PRESIDING OFFICER. Morning Around the country, though, U.S. at- I strongly believe we should return business is now closed. torneys are bringing many of the most this power to district courts to appoint f important and complex cases being interim U.S. attorneys. That is why prosecuted. They are responsible for last week, Senator LEAHY, the incom- LEGISLATIVE TRANSPARENCY taking the lead on public corruption ing Chairman of the Judiciary Com- AND ACCOUNTABILITY ACT OF 2007 cases and many of the antiterrorist ef- mittee, the Senator from , The PRESIDING OFFICER. Under forts in the country. As a matter of Senator PRYOR, and I filed a bill that the previous order, the hour of 1 p.m. fact, we just had the head of the FBI, would do just that. Our bill simply re- having arrived, the Senate will resume Bob Mueller, come before the Judiciary stores the statute to what it once was consideration of S. 1, which the clerk Committee at our oversight hearing and gives the authority to appoint in- will report. and tell us how they have dropped the terim U.S. attorneys back to the dis- The assistant legislative clerk read priority of violent crime prosecution trict court where the vacancy arises. as follows: and, instead, are taking up public cor- I could press this issue on this bill. A bill (S. 1) to provide greater trans- ruption cases; ergo, it only follows that However, I do not want to do so be- parency to the legislative process. the U.S. attorneys would be pros- cause I have been saying I want to keep Pending: ecuting public corruption cases. this bill as clean as possible, that it is As a matter of fact, the rumor has Reid amendment No. 3, in the nature of a restricted to the items that are the it—and this is only rumor—that U.S. substitute. purpose of the bill, not elections or any Reid modified amendment No. 4 (to amend- Attorney Lam, who carried out the other such things. I ought to stick to ment No. 3), to strengthen the gift and travel prosecution of the my own statement. bans. case, has other cases pending whereby, Clearly, the President has the au- DeMint amendment No. 11 (to amendment rumor has it, Members of Congress No. 3), to strengthen the earmark reform. thority to choose who he wants work- have been subpoenaed. I have also been DeMint amendment No. 12 (to amendment ing in his administration and to choose told that this interrupts the flow of the No. 3), to clarify that earmarks added to a who should replace an individual when prosecution of these cases, to have the conference report that are not considered by there is a vacancy. But the U.S. attor- the Senate or the House of Representatives present U.S. attorney be forced to re- neys’ job is too important for there to are out of scope. sign by the end of this month. DeMint amendment No. 14 (to amendment Now, U.S. attorneys play a vital role be unnecessary disruptions, or, worse, any appearance of undue influence. At No. 3), to protect individuals from having in combating traditional crimes such their money involuntarily collected and used as narcotics trafficking, bank robbery, a time when we are talking about for lobbying by a labor organization. guns, violence, environmental crimes, toughening the consequences for public Vitter/Inhofe further modified amendment civil rights, and , as well as tak- corruption, we should change the law No. 9 (to amendment No. 3), to prohibit ing the lead on prosecuting computer to ensure that our top prosecutors who Members from having official contact with hacking, Internet fraud, and intellec- are taking on these cases are free from any spouse of a Member who is a registered lobbyist. tual property theft, accounting and se- interference or the appearance of im- propriety. This is an important change Leahy/Pryor amendment No. 2 (to amend- curities fraud, and computer chip theft. ment No. 3), to give investigators and pros- How did all of this happen? This is an to the law. Again, I will question the ecutors the tools they need to combat public interesting story. Apparently, when Attorney General Thursday about it corruption. Congress reauthorized the PATRIOT when he is before the Judiciary Com- Gregg amendment No. 17 (to amendment Act last year, a provision was included mittee for an oversight hearing. No. 3), to establish a legislative line item that modified the statute that deter- I am particularly concerned because veto. mines how long interim appointments of the inference in all of this that is Ensign amendment No. 24 (to amendment drawn to manipulation in the lineup of No. 3), to provide for better transparency and are made. The PATRIOT Act Reauthor- enhanced Congressional oversight of spend- ization changed the law to allow in- cases to be prosecuted by a U.S. attor- ing by clarifying the treatment of matter terim appointments to serve indefi- ney. In the case, at the very not committed to the conferees by either nitely rather than for a limited 120 least, we have people from the FBI in- House. days. Prior to the PATRIOT Act Reau- dicating that has not only Ensign modified amendment No. 25 (to thorization and the 1986 law, when a been a straight shooter but a very good amendment No. 3), to ensure full funding for vacancy arose, the court nominated an prosecutor. Therefore, it is surprising the Department of Defense within the reg- interim U.S. attorney until the Senate to me to see that she would be, in ef- ular appropriations process, to limit the reli- fect, forced out, without cause. This ance of the Department of Defense on supple- confirmed a Presidential nominee. The mental appropriations bills, and to improve PATRIOT Act Reauthorization in 2006 would go for any other U.S. attorney the integrity of the Congressional budget removed the 120-day limit on that ap- among the seven who are on that list. process. pointment, so now the Attorney Gen- We have something we need to look Cornyn amendment No. 26 (to amendment eral can nominate someone who goes in into, that we need to exercise our over- No. 3), to require full separate disclosure of without any confirmation hearing by sight on, and I believe very strongly we any earmarks in any bill, joint resolution, this Senate and serve as U.S. attorney should change the law back to where a report, conference report or statement of for the remainder of the President’s Federal judge makes this appointment managers. on an interim basis subject to regular Cornyn amendment No. 27 (to amendment term in office. This is a way, simply No. 3), to require 3 calendar days notice in stated, of avoiding a Senate confirma- order, whereby the President nomi- the Senate before proceeding to any matter. tion of a U.S. attorney. nates and the Senate confirms a re- Bennett (for McCain) amendment No. 28 (to The rationale to give the authority placement. amendment No. 3), to provide congressional to the court has been that since dis- I yield the floor. transparency.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.020 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S551 Bennett (for McCain) amendment No. 29 (to encing of a private entity’s employment de- propriations bills chock-full of ear- amendment No. 3), to provide congressional cisions or practices in exchange for political marks, and we do not have a clue, be- transparency. access or favors. cause we will not have had a chance to Lieberman amendment No. 30 (to amend- The PRESIDING OFFICER. The Sen- read it and consider it in advance, what ment No. 3), to establish a Senate Office of ator from is recognized. Public Integrity. the total sum of those earmarks is and Bennett/McConnell amendment No. 20 (to Mr. CORNYN. Madam President, I how they impact the budget. Perhaps amendment No. 3), to strike a provision re- was proud to join my friend and col- the top line itself is disclosed but not lating to paid efforts to stimulate grassroots league from South Carolina, Senator how that money is actually broken lobbying. DEMINT, in offering an amendment down and spent. Thune amendment No. 37 (to amendment that would simply place in the Senate Oftentimes, bills are hundreds of No. 3), to require any recipient of a Federal bill the very sensible language regard- pages long, with earmarks buried in award to disclose all lobbying and political ing earmarks that the House of Rep- them. It is not uncommon for appro- advocacy. resentatives has already included. Feinstein/Rockefeller amendment No. 42 priations, particularly Omnibus appro- (to amendment No. 3), to prohibit an ear- Speaker PELOSI and her colleagues are priations bills, to go into the thou- mark from being included in the classified rightly proud of the very clear defini- sands-of-pages or more in number. Of portion of a report accompanying a measure tion of earmarks they have included in course, often this is at the end of a leg- unless the measure includes a general pro- that legislation that will help to iden- islative period, and there are hours, gram description, funding level, and the tify spending measures and highlight maybe, or even only minutes to review name of the sponsor of that earmark. them so we can have the kind of debate them. Feingold amendment No. 31 (to amendment and sort of public scrutiny we should No. 3), to prohibit former Members of Con- The goal of my amendment is that gress from engaging in lobbying activities in expect and, indeed, welcome, into the when we consider legislation, we have a addition to lobbying contacts during their appropriations and legislative process. summary document showing the de- cooling off period. I was a little bit surprised, however, tails, including the costs, of earmarks Feingold amendment No. 32 (to amendment to find the resistance that was voiced in legislation—and this is the novelty— No. 3), to increase the cooling off period for last week, but I understand now that before we consider the legislation, be- senior staff to 2 years and to prohibit former has all been worked out and that a sec- fore we actually vote on it, not after Members of Congress from engaging in lob- ond-degree amendment will be offered we have already voted and it is too late bying activities in addition to lobbying con- by Senator DURBIN as a collaborative tacts during their cooling off period. to do anything about it but before. It Feingold amendment No. 33 (to amendment effort and a demonstration of bipar- serves the very important purpose of No. 3), to prohibit former Members who are tisan cooperation on something where added transparency and, indeed, the ac- lobbyists from using gym and parking privi- there ought to be bipartisan coopera- countability that goes along with it. leges made available to Members and former tion, certainly on the matter of ethics, I would assume those who have asked Members. that will provide for greater trans- for earmarks to be included are proud Feingold amendment No. 34 (to amendment parency and increases public avail- of them. They feel like they are meri- No. 3), to require Senate campaigns to file ability of earmark-related information. torious. They feel like they can be de- their FEC reports electronically. This is good news for all who wish to Durbin modified amendment No. 44 (to fended. Well, unfortunately, the very amendment No. 11), to strengthen earmark see greater fiscal responsibility and ac- process by which those earmarks are reform. countability. Increased transparency added defeats that kind of trans- Durbin amendment No. 36 (to amendment for earmarks is something we ought to parency and accountability, which is No. 3), to require that amendments and mo- embrace and it ought to create in us why I believe we need this additional tions to recommit with instructions be cop- the ability to discern much better than step. ied and provided by the clerk to the desks of we have been what kind of spending is Furthermore, if we create, by adop- the Majority Leader and the Minority Lead- in the general welfare of the American tion of this amendment, a fixed base- er before being debated. Cornyn amendment No. 45 (to amendment people and why that kind of spending is line from which we can proceed in the No. 3), to require 72-hour public availability absolutely necessary. future to allow the American public, as of legislative matters before consideration. Of course, there are those—and I am well as our staff, to analyze more thor- Cornyn amendment No. 46 (to amendment one of them—who think the Federal oughly these earmarks, I think we No. 2), to deter public corruption. Government spends way too much tax- would have created at least a knowl- Bond (for Coburn) amendment No. 48 (to payer money. Our Government was edge base that will allow us to make amendment No. 3), to require all recipients founded as a limited Government with better decisions going forward. of Federal earmarks, grants, subgrants, and delegated powers. But over the last 220 contracts to disclose amounts spent on lob- Consider that the Congressional Re- bying and a description of all lobbying ac- or so years of our Nation’s history, it search Service each year conducts a tivities. has been a history of the Federal Gov- study to identify the earmarks in each Bond (for Coburn) amendment No. 49 (to ernment gradually ‘‘filling the field’’ bill. Through that study, one can see amendment No. 3), to require all congres- to the detriment of State and local that both the total number of ear- sional earmark requests to be submitted to government and of the individual free- marks and the total dollar value of the appropriate Senate committee on a dom by taxpayers, voters, and citizens. those earmarks—surprise, surprise— standardized form. While I applaud amendment No. 26, I have grown significantly over the last Bond (for Coburn) amendment No. 50 (to think we need to do even more. We can amendment No. 3), to provide disclosure of decade. lobbyist gifts and travel instead of banning add greater sunshine and clarity on the For example, the total number of them as proposed. earmark process by adopting an earmarks increased almost fourfold Bond (for Coburn) amendment No. 51 (to amendment which I offered last week from 1994 to 2005. Furthermore, the amendment No. 3), to prohibit Members from as well. The current bill requires that total cost of those earmarks increased requesting earmarks that may financially all future legislation include a list of by a factor of 100 percent. And the benefit that Member or immediate family earmarks as well as the names of the numbers appear to be even higher for member of that Member. Senators who have requested them. My 2006. Nelson (NE) amendment No. 47 (to amend- ment No. 3), to help encourage fiscal respon- amendment would add what may seem Let me list some of the earmarks sibility in the earmarking process. like a minor addition but one that that have been included. And we will Reid (for Feingold/Obama) amendment No. would require that the budgetary im- start with 2007, to give you a flavor of 54 (to amendment No. 3), to prohibit lobby- pact for each earmark also be included, what I am talking about, and the rea- ists and entities that retain or employ lobby- as well as a requirement that the total son why there ought to be greater ists from throwing lavish parties honoring number of earmarks and their total transparency. Members at party conventions. budgetary impact be identified and dis- Now, I am not suggesting we limit Reid (for Lieberman) amendment No. 43 (to closed. earmarks. I am considering we ought amendment No. 3), to require disclosure of earmark lobbying by lobbyists. What happens now is that it takes to make them transparent and obvious. Reid (for Casey) amendment No. 56 (to some time for the staff of this body to And then I think the benefits of open amendment No. 3), to eliminate the K Street compile the information contained in Government and the kind of scrutiny Project by prohibiting the wrongful influ- bills, and literally we are passing ap- that will follow will have the beneficial

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.021 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S552 CONGRESSIONAL RECORD — SENATE January 16, 2007 impact I think we would all hope for the $50 million for an indoor rain forest The PRESIDING OFFICER. Without and certainly my constituents would that was the subject of a Federal ear- objection, it is so ordered. hope for, when they worry that we are mark. And then again, there are exam- The amendment is as follows: spending money for inappropriate pur- ples anybody can find on the Internet, poses and in too large amounts, to published by Citizens Against Govern- (Purpose: To require a report by the Com- their detriment. ment Waste, examples from what they mission to Strengthen Confidence in Con- For example, in January 2007—excuse call the ‘‘Congressional Pig Book.’’ I do gress regarding political contributions be- me. This must have been in last year’s not have to tell you why they call it fore and after the enactment of certain laws) appropriations bill—an earmark for that. $725,000 for the Please Touch Museum. But the point is, things have gotten On page 60, between lines 22 and 23, insert I am not sure what the Please Touch terribly out of whack here in Wash- the following: Museum is, but I think it would be ben- ington when we, as elected representa- (b) REPORT REGARDING POLITICAL CON- eficial for the sponsor of that earmark tives of our constituents, of the Amer- TRIBUTIONS.— to be identified, and it would be bene- ican people, take it upon ourselves to (1) IN GENERAL.—Not later than 6 months ficial for it to be described how that spend their money on inappropriate after the date of enactment of this Act, the promotes the general welfare of the subjects, or maybe you say there is Commission shall submit a report to Con- American people and why it is justi- some justification for these topics. But gress detailing the number, type, and quan- fied, taking that $725,000 out of the I think it is easy to see why it is inap- tity of contributions made to Members of the pockets of taxpayers and putting it in propriate that we spend the Federal Senate or the House of Representatives dur- the treasury of the Please Touch Mu- taxpayer dollar on some of these top- ing the 30-month period beginning on the date that is 24 months before the date of en- seum. ics. actment of the Acts identified in paragraph Then there is the $250,000 appropria- Here again, my amendment does not (2) by the corresponding organizations iden- tions for the Country Music Hall of limit these earmarks because I believe tified in paragraph (2). Fame. I happen to be a country music there will be a self-corrective mecha- (2) ORGANIZATIONS AND ACTS.—The report fan, but even I would wonder how that nism through greater transparency and submitted under paragraph (1) shall detail promotes the general welfare, to take the accountability that comes with it. the number, type, and quantity of contribu- money out of the taxpayer’s pocket That is why I so strongly support the tions made to Members of the Senate or the and put it in the treasury of the Coun- efforts that have been undertaken here House of Representatives as follows: try Music Hall of Fame. I think it on a bipartisan basis to bring greater (A) For the Medicare Prescription Drug, transparency to the earmark process, Improvement, and Modernization Act of 2003 bears some scrutiny, some explanation. (Public Law 108–173; 117 Stat. 2066), any con- Maybe there is an explanation, but I because I think it is a problem that can tribution made during the time period de- have to be honest, I cannot think of literally fix itself. When people begin scribed in paragraph (1) by or on behalf of a one now that would justify transferring to ask the kinds of questions I am ask- political action committee associated or af- the money from the taxpayer’s pocket ing, when the public begins to shine filiated with— and justifying a Federal appropriation the bright light of day on some of these (i) a pharmaceutical company; or for the Country Music Hall of Fame. special interest earmarks, which have (ii) a trade association for pharmaceutical And just so the Rock & Roll Hall of been literally hidden from Members of companies. Fame is not left out, there is a $200,000 the Congress until after they have (B) For the Bankruptcy Abuse Prevention earmark for that; then the Aviation voted on them and published only later and Consumer Protection Act of 2005 (Public Law 109–8; 119 Stat. 23), any contribution Hall of Fame, $200,000; the Grammy by the Congressional Research Service, made during the time period described in Foundation, $150,000; the Coca-Cola after they have done a survey of the paragraph (1) by or on behalf of a political Space Science Center for $150,000; burgeoning number of earmarks for action committee associated or affiliated $150,000 for a single traffic light in these kinds of interests, I think this is with— Briarcliff Manor, NY. I am not sure a problem that can correct itself. (i) a bank or financial services company; why that is a Federal responsibility. In So, Madam President, I appreciate (ii) a company in the credit card industry; fact, I would think by its description it the courtesy of the bill managers and or is not; it is a local responsibility. That the opportunity to speak once again on (iii) a trade association for any such com- this important topic. I think getting panies. cost ought to be borne by the local tax- (C) For the Energy Policy Act of 2005 (Pub- payer, not the Federal taxpayer this information to Members of Con- lic Law 109–58; 119 Stat. 594), any contribu- through the earmark process—here gress early before we vote would be tion made during the time period described again, something that cries out for very helpful and provide a baseline of in paragraph (1) by or on behalf of a political greater accountability through greater the number of earmarks that can be action committee associated or affiliated transparency. analyzed so we can go forward and ex- with— Then there is the $100,000 earmark for plain why that number should go up if, (i) a company in the oil, natural gas, nu- the International Storytelling Center. in fact, we think it should go up, or if clear, or coal industry; or I am not sure why the Federal tax- you are like me, if you think the num- (ii) a trade association for any such compa- nies. payer should have to pay for that. It ber should go down, establish what the (D) For the Dominican Republic-Central may be a meritorious expenditure, but facts are so we have a baseline of infor- America- Free Trade Agree- maybe through private charity. Maybe mation with which to explain our posi- ment Implementation Act (Public Law 109– corporations would like to contribute tion. 53; 119 Stat. 462), any contribution made dur- some money to support this worth- I thank the Chair and yield the floor. ing the time period described in paragraph while local initiative. Maybe local tax- The PRESIDING OFFICER. The Sen- (1) by or on behalf of a political action com- payers could justify the expenditure, ator from Vermont is recognized. mittee associated or affiliated with— (i) the United States Chamber of Com- maybe State taxpayers, but why should AMENDMENT NO. 57 TO AMENDMENT NO. 3 merce, the National Association of Manufac- the Federal taxpayer, why should my Mr. SANDERS. Madam President, I turers, the Business Roundtable, the Na- constituents in Texas have to pay a ask unanimous consent to set aside the tional Federation of Independent Business, $100,000 earmark for the International pending amendment and call up the Emergency Committee for American Storytelling Center in some other amendment No. 57. Trade, or any member company of such enti- State? The PRESIDING OFFICER. Without ties; or Then there is $500,000 for the Mon- objection, it is so ordered. The clerk (ii) any other free trade organization fund- tana Sheep Institute. will report the amendment. ed primarily by corporate entities. Madam President, I ask unanimous The legislative clerk read as follows: (3) AGGREGATE REPORTING.—The report sub- mitted under paragraph (1)— consent for an additional 3 minutes. The Senator from Vermont [Mr. SANDERS] (A) shall not list the particular Member of proposes an amendment numbered 57 to The PRESIDING OFFICER. Without the Senate or House of Representative that amendment No. 3. objection, it is so ordered. received a contribution; and Mr. CORNYN. I will not belabor the Mr. SANDERS. Madam President, I (B) shall report the aggregate amount of point. But I think you get my flavor. I ask unanimous consent that reading of contributions given by each entity identified am not going to even talk much about the amendment be dispensed with. in paragraph (2) to—

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.023 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S553 (i) Members of the Senate during the time a relatively weak benefit for our sen- nothing more than to live out their re- period described in paragraph (1) for the cor- iors. tirement years with some form of eco- responding Act identified in paragraph (2); Included in this bill, as I think sen- nomic security and dignity? Are they and iors all over this country are beginning ‘‘special interests’’? I don’t believe (ii) Members of the House of Representa- to understand, is a very large doughnut tives during the time period described in they are. paragraph (1) for the corresponding Act iden- hole in which they are going to have to The challenge we face is to rein in tified in paragraph (2). pay 100 percent of the cost of their pre- the influence and the power that lobby- (4) DEFINITIONS.—In this subsection— scription drugs. ists and their large corporate clients (A) the terms ‘‘authorized committee’’, Also, included in that bill is language have over the Congress. The problem is ‘‘candidate’’, ‘‘contribution’’, ‘‘political com- which prevents the Government from not that the children of America have mittee’’, and ‘‘political party’’ have the negotiating with the drug companies too much power. It is not that working meanings given such terms in section 301 of for lower prices for the American peo- people have too much power. The prob- the Federal Election Campaign Act of 1971 (2 ple. We pay today the highest prices in lem is that big-money interests, to a U.S.C. 431); and (B) the term ‘‘political action committee’’ the world for prescription drugs, and very significant degree, dominate what means any political committee that is not— yet the Government is prevented from goes on in Washington, DC. (i) a political committee of a political negotiating for lower prices. Mean- The lobbying reform legislation that party; or while, despite strong majority support we are considering is a very important (ii) an authorized committee of a can- in the House and the Senate, Congress step forward in addressing that issue. I didate. has failed to pass legislation widely thank Senators REID, FEINSTEIN, Mr. SANDERS. Madam President, let supported by the American people that LIEBERMAN, FEINGOLD, OBAMA, and all me begin by applauding Senator REID, would allow for the reimportation of of those on both sides of the aisle who Senator MCCONNELL, and all of those safe, affordable prescription drugs from have worked hard on this issue for who are responsible for advancing this well-regulated countries such as Can- their leadership on lobbying reform so important ethics reform bill. There is ada and from Europe that would pro- that we can begin to restore the con- no question but that the confidence of vide huge discounts to Americans of all fidence of the American people in Con- the American people in the Congress is ages. gress. But we must keep in mind that now at an almost alltime low. There is At the same time, while there is while we are eliminating the $20 no question there have been ethical more and more concern in our country lunches and the club-level tickets to abuses in Congress in recent years. And and throughout the world about the local sporting events, this bill does not there is no question but that we should danger of global warming and what it address what is an even more pressing support the strongest ethics reform will mean for our planet and for our issue; namely, the $10,000 campaign possible. children and our grandchildren, Con- contributions that come from cor- Members of Congress do not need free gress has failed to adequately fund en- porate PACs. We have a fundamental lunches from lobbyists. Members of ergy efficiency and sustainable energy. problem which literally threatens our Congress do not need free tickets to But somehow Congress did manage to democratic form of government, and ball games. And they do not need huge fund an energy bill that includes bil- that is that Senators and Members of discounts for flights on corporate jets. lions and billions of dollars in tax give- the House and their challengers are Congress does need transparency in aways and subsidies to the largest oil forced to raise millions and millions earmarks and holds, and we do need a companies in America, companies that and millions of dollars in order to run new policy regarding the revolving are enjoying recordbreaking profits, as a winning campaign. door by which a Member one year is well as tax breaks and subsidies to In terms of campaign contributions, writing a piece of legislation and the other big-energy interests. let’s be very clear. Despite what any- next year finds himself or herself work- Most American workers now know one may have heard, corporate inter- ing for the company that benefited that our current trade policies have ests are king. They run the show. From from the legislation he or she wrote. In failed and that they have failed miser- 1998 to 2005, for example, drug compa- other words, we need to pass the ably. During the last 5 years we have nies spent more on lobbying than any strongest ethics reform bill possible. lost some 3 million good-paying manu- other industry—$900 million, according But in passing this legislation, we need facturing jobs, and we are now on the to the nonpartisan Center for Respon- to understand this is not the end of our cusp of losing millions of good-paying, sive Politics. They donated a total of work but, rather, it is just the begin- white-collar information technology $89.9 million in the same period to Fed- ning, and much more needs to be done. jobs. In my own State of Vermont, not eral candidates and party committees. Today in the United States of Amer- a major manufacturing center, we have We hear a lot about ‘‘labor money’’ ica, the middle class is shrinking, pov- lost 20 percent of our manufacturing and about ‘‘big labor.’’ But, in fact, erty is increasing, and the gap between jobs in the last 5 years alone, and we corporate interests give more than 10 the rich and the poor is growing wider. just learned the other day that another times as much to candidates than do In fact, the people at the top, the very 175 jobs in Middlebury, VT, are going labor unions. In the 2006 cycle, accord- wealthiest people in our country, have to be lost because of global competi- ing to the Center for Responsive Poli- never, ever had it so good since the tion. Yet despite a $700 billion trade tics, labor gave less than $50 million. 1920s. The sad truth is that Congress, deficit and the loss of millions of good- That is a lot of money, $50 million. But especially over the last 6 years, has not paying jobs, Congress refuses to fun- corporate interests gave well over $525 only failed to respond to this crisis, to damentally change our trade policies, a million—$50 million/$525 million, 10 the decline of the middle class, but in change that is desperately needed. times as much. That disparity may many ways Congress has made the sit- I know some people like to talk well explain why the needs of working uation even worse. about ‘‘special interests,’’ but the Americans all too often take a back Time and time again, this Congress truth is that special interests, as I un- seat to corporate interests in the Con- has chosen to ignore the needs of ordi- derstand them, in fact, are corporate gress. But, more importantly, it tells nary Americans and, instead, has acted and monied interests. What do we us why we need real campaign finance on behalf of the interests of the mean when we talk about special inter- reform so that the needs of all Ameri- wealthiest and most powerful people in ests? Are we talking about millions of cans are heard rather than just those our country. In fact, much of the legis- American working families who are who can afford to make huge campaign lation that has come to the floor of the struggling to keep their heads above contributions. House and the Senate in recent years water economically? Are they a ‘‘spe- To strengthen our democracy we has clearly come at the behest of mul- cial interest’’? I don’t think they are. need reforms on a number of fronts. We timillion-dollar corporate interests. Are we talking about the children of certainly need to pass this lobbying re- This has included a Medicare part D America, 18 percent of whom are living form bill, but we also need very strong prescription drug bill that, while cost- in poverty? Are they a ‘‘special inter- campaign finance reform. My own view ing the taxpayers of this country a est’’? Not to my mind. Are we talking is that we need to move toward public huge amount of money, in fact provides about millions of seniors who want funding of elections. We also need

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.021 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S554 CONGRESSIONAL RECORD — SENATE January 16, 2007 media reform to stem the growing con- The amendments are as follows: each establish a publicly available website centration of ownership among tele- AMENDMENT NO. 59 that contains information on all officially related congressional travel that is subject vision, radio, and newspaper companies (Purpose: To provide disclosure of lobbyist to disclosure under the gift rules of the Sen- with the result that what Americans gifts and travel instead of banning them as ate and the House of Representatives, respec- see, hear, and read is increasingly con- the Reid/McConnell substitute proposes) tively, that includes— trolled by fewer and fewer media con- Strike sections 108 and 109 and insert the (1) a search engine; glomerates. Most importantly, in my following: (2) uniform categorization by Member, view, if we are going to change the bal- SEC. 108. DISCLOSURE FOR GIFTS FROM LOBBY- dates of travel, and any other common cat- ance of power, if ordinary Americans ISTS. egories associated with congressional travel; are going to get their day in Wash- Paragraph 1(a) of rule XXXV of the Stand- and ington, DC, we need a revival of a ing Rules of the Senate is amended— (3) all forms filed in the Senate and the grassroots democratic movement from (1) in clause (2), by striking the last sen- House of Representatives relating to offi- tence and inserting ‘‘Formal record keeping one end of this country to the other, cially-related travel referred to in paragraph is required by this paragraph as set out in (2), including the ‘‘Disclosure of Member or where ordinary people begin to stand clause (3).’’; and up and say: Washington, DC, pay atten- Officer’s Reimbursed Travel Expenses’’ form (2) by adding at the end the following: in the Senate. tion to my needs rather than just the ‘‘(3)(A) Not later than 48 hours after a gift (b) EXTENSION AUTHORITY.—If the Sec- needs of large corporate interests. has been accepted, each Member, officer, or retary of the Senate or the Clerk of the I understand that the legislation be- employee shall post on the Member’s Senate House of Representatives is unable to meet fore us today relates only to issues website, in a clear and noticeable manner, the deadline established under subsection around lobbying reform and that many the following: (a), the Committee on Rules and Administra- of the other critical issues I have laid ‘‘(i) The nature of the gift received. tion of the Senate or the Committee on out will be considered at a later time. ‘‘(ii) The value of the gift received. Rules of the House of Representatives may ‘‘(iii) The name of the person or entity pro- That is why I have offered the amend- grant an extension of such date for the Sec- viding the gift. retary of the Senate or the Clerk of the ment we have before us today. The ‘‘(iv) The city and State where the person amendment will provide this body with House of Representatives, respectively. or entity resides. (c) AUTHORIZATION OF APPROPRIATIONS.— some of the information it will need ‘‘(v) Whether that person is a registered There are authorized to be appropriated such when we address campaign finance re- lobbyist, and if so, the name of the client for sums as are necessary to carry out this sec- form at a later date. whom the lobbyist is providing the gift and tion. the city and State where the client resides. Specifically, this amendment re- Mr. BENNETT. I ask unanimous con- quires the Commission to Strengthen ‘‘(B) Not later than 30 days after the adop- sent that these amendments now be Confidence in Congress, created by the tion of this clause, the Committee on Rules laid aside. underlying legislation, to report on the and Administration shall, in consultation with the Select Committee on Ethics and the The PRESIDING OFFICER. Without aggregate amount of campaign con- Secretary of the Senate, proscribe the uni- objection, it is so ordered. tributions given by certain identified form format by which the postings in sub- Mr. BENNETT. Madam President, I corporate interests 24 months prior to clause (A) shall be established.’’. have listened with interest to the Sen- and within 6 months after the passage SEC. 109. DISCLOSURE OF TRAVEL. ator from Vermont. I have a few quick of four specified pieces of legislation. Paragraph 2 of rule XXXV of the Standing reactions. As we get closer to his These four pieces of legislation are the Rules of the Senate is amended by adding at amendment, I will perhaps be more Medicare Part D Program, the bank- the end the following: specific about some of them. Com- ruptcy reform bill, the Energy bill, and ‘‘(h)(1) Not later than 48 hours after a ments about the revolving door situa- the Central American Free Trade Member, officer, or employee has accepted tion, I must confess I am a little less Agreement. transportation or lodging otherwise permis- The goal of this report is to begin to sible by the rules from any other person, than overwhelmed by the arguments other than a governmental entity, such about the revolving door because I throw some light on the volume of cor- Member, officer, or employee shall post on porate contributions that are showered have been there. I served in the execu- the Member’s Senate website, in a clear and tive branch in the 1960s, left on New on Congress when legislation impor- noticeable manner, the following: tant to multinationals comes before ‘‘(A) The nature and purpose of the trans- Year’s Eve of 1969, and took up my new the Congress. As a result, this report portation or lodging. duties as a lobbyist on January 1, 1970. will focus on the amounts given and ‘‘(B) The fair market value of the transpor- In those days there were no restric- the identity of the givers. tation or lodging. tions with respect to a revolving door, It is our obligation to return control ‘‘(C) The name of the person or entity and I was immediately called by people of the Congress to the American peo- sponsoring the transportation or lodging. who wanted my services with respect ‘‘(D) The city and State where the person ple. I look forward to helping make to the agency I had just left. They paid or entity sponsoring the transportation or well. I accepted their contracts, and I that happen with the ethics reform bill lodging resides. we are now considering and the many ‘‘(E) Whether that sponsoring person is a went back to see my old friends back in other equally critical reforms that vot- registered lobbyist, and if so, the name of the Department of Transportation. ers across this great Nation told us the client for whom the lobbyist is spon- It came as somewhat of a shock to they wanted this past November. soring the transportation or lodging and the me that no one wanted to talk to me. I thank the Chair. city and State where the client resides. Now that I was no longer a member of The PRESIDING OFFICER. The Sen- ‘‘(2) This subparagraph shall also apply to the Secretary’s Office, now that I no ator from Utah is recognized. all noncommercial air travel otherwise per- longer had direct access to the Sec- missible by the rules. AMENDMENTS NOS. 59 AND 39 TO AMENDMENT NO. retary to discuss things important to ‘‘(3) Not later than 30 days after the adop- 3 EN BLOC tion of this subparagraph, the Committee on the administration, now that I was an Mr. BENNETT. Madam President, I Rules and Administration shall, in consulta- outsider, my friends were happy to see ask unanimous consent to lay the tion with the Select Committee on Ethics me for lunch, they were happy to talk pending amendment aside and call up and the Secretary of the Senate, proscribe about my family, but I could no longer two amendments, one on behalf of Sen- the uniform format by which the postings in do them any good within the Depart- ator COBURN, No. 59, and one on behalf clauses (1) and (2) shall be established.’’. ment. I was no longer a power within of Senator COLEMAN, No. 39, and then AMENDMENT NO. 39 the Department. I was an outsider, and have them laid aside as well. (Purpose: To require that a publicly avail- they were happy to get me out of their The PRESIDING OFFICER. Without able website be established in Congress to offices as quickly as they could. objection, it is so ordered. The clerk allow the public access to records of re- I discovered firsthand that the idea will report the amendments en bloc. ported congressional official travel) of the revolving door is vastly The legislative clerk read as follows: At the appropriate place, insert the fol- overrated. I was like any other lob- The Senator from Utah [Mr. BENNETT], for lowing: byist. I had to make my points on the Mr. COBURN, proposes an amendment num- SEC. ll. CONGRESSIONAL TRAVEL PUBLIC basis of the validity of the arguments I bered 59. WEBSITE. The Senator from Utah [Mr. BENNETT], for (a) IN GENERAL.—Not later than January 1, was making and not because at one Mr. COLEMAN, proposes an amendment num- 2008, the Secretary of the Senate and the time I had been in the Department bered 39. Clerk of the House of Representatives shall with them. We get carried away with

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.027 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S555 this because the media talks about how give me the money yourself. Another force them, recognizing that even with- terrible is the revolving door. I am way is you can direct your contribu- out what we are talking about here, willing to let a reasonable period of tion to the PAC at the plant that pro- even without the legislation that is time pass, but I think many of these duces Kraft Foods to go to me. So the proposed, Duke Cunningham is in jail, arguments go beyond what reality has people who run the PAC at Kraft Foods and recognizing that even without the been to me. come to this Senator and say here are kinds of strict changes we are talking I heard the Senator from Vermont the contributions that are directed to about, Jack Abramoff is in jail. These talk about publicly funded campaigns. come to you and we are happy to trans- were corrupt individuals who found I will make this observation: We have fer them through to you. The media their way around existing legislation, the largest poll taken in the United gets hold of it and discovers that Kraft and trying to solve that problem by ad- States every year on April 15. Every Foods is owned by a tobacco company, ditional legislation may very well turn year, every American taxpayer is given and the next thing you know, this Sen- out to be an ineffective effort. the opportunity to set aside just $3 of ator is being attacked in the press for With that, I see my friend from taxes he already owes—this is not addi- taking campaign money from tobacco South Carolina on his feet seeking rec- tional money; this is $3 of the money companies. He says: Wait a minute, ognition. he already owes—to be placed in the these are individual contributions from I yield the floor. Presidential fund to fund Presidential my constituents funneled through the The PRESIDING OFFICER. The Sen- campaigns. place where they work that has noth- ator from South Carolina is recognized. Mr. DEMINT. Madam President, I Ninety percent of the taxpayers who ing whatever to do with tobacco. have the opportunity to put $3 into a Try explaining that to the New York want to speak in favor of the Durbin amendment No. 44, which is a slightly Federal fund for vote no. Times. No, the editorials roll down modified version of my amendment No. That is not by accident. You have to that he is taking tobacco money, that 11 that was endorsed by a majority of check the box one way or the other. he is in the pocket of special interests. Senators last Thursday on a 51-to-46 Ninety percent vote, no, they don’t Finally, the Senator said: I told them vote. want to do that. I am not sure we don’t give me anymore money. It is too should be talking about that as a great I ask unanimous consent that my much trouble to try to explain the name be added as a cosponsor of idea. truth in this situation with the over- Finally, the business that is in the amendment No. 44 offered by the Sen- whelming amount of media publicity ator from Illinois. amendment of the Senator from about corporations corrupting politi- Vermont that says we must disclose The PRESIDING OFFICER. Without cians. objection, it is so ordered. corporate contributions 24 months I made the comment before and I will Mr. DEMINT. The Durbin amendment prior to and 6 months after the passage make it again: I have discovered in my is a product of a bipartisan agreement of certain pieces of legislation neglects 14 years here that there is no such that I reached last week with the ma- the fact that corporate contributions thing as repetition in the Senate. You jority leader and the Senator from Illi- are illegal, and they have been since say the same thing over and over again nois. The Durbin amendment contains 1902 in the days of Franklin Roosevelt. as if it is brandnew. You cannot cor- bipartisan language that would require What the press calls ‘‘corporate con- rupt the Senator unless the Senator disclosure for all earmarks, including tributions’’—the press misunder- himself is corrupt. And if the Senator those directed toward Federal projects stands—are PAC contributions. I was himself is corrupt, he or she will find a and those contained in report lan- around Washington when we had the way around the rules no matter how we guage. It also strengthens Internet dis- Watergate situation and I remember write them. closure so that bills shall not be in the rhetoric in these halls when the I am strongly for this bill. I think order unless their reports include a list creation of political action committees the transparency part of it, the disclo- of earmarks, limited tax benefits, and was hailed as the basic reform that sure part, is exactly what we need. But limited tariff benefits, which are post- would clean up campaign contribu- after 40 years of being involved with ed on the Internet in a searchable for- tions, because people make contribu- Washington, and living through the mat at least 48 hours before consider- tions to PACs; corporations do not. In- Watergate experience, living through ation. dividuals make the money available to the scandals, whether it is Abramoff or In addition, it is our understanding PACs; corporations do not. Duke Cunningham, or the other Mem- that if a spending bill is reported long Corporate contributions are illegal. bers of the House who went to jail in before its consideration, the list of ear- These are individual contributions put years gone by, whose names I don’t re- marks will accompany any committee together by a political action com- member but whose circumstances I reports for those bills. mittee and then given in the name of still recall, or whether it is the Con- The Durbin amendment slightly the political action committee from gressman with whom I worked as a lob- modifies the definition of a limited tax the private funds of private individ- byist who went to jail because one of benefit to ‘‘any revenue provision’’ uals. This was hailed as a reform. This my fellow lobbyists gave him a $100,000 that provides a benefit to ‘‘a particular was hailed as the way to clean things bribe, the fundamental fact remains beneficiary or limited group of bene- up. Because the media doesn’t under- that you cannot corrupt a Senator or a ficiaries.’’ This is similar to the defini- stand that, because the people in the Congressman unless that Senator or tion used in the legislative line-item media don’t realize that a corporate Congressman is himself or herself basi- veto amendment. name attached to a political action cally corrupt. I thank the majority leader and the committee does not mean these are We can write all of the rules we want, Senator from Illinois for working with corporate funds, most of my constitu- but if a Member of this body has the in- me on this important issue. The pur- ents now think, as the Senator from stincts of corruption in his soul, he will pose of the bill before us is to address Vermont has suggested, that this is find a way around the rules. We should the culture of corruption in Wash- corporate money. I have to patiently not kid ourselves that we are doing ington, and it cannot be a serious pro- explain to them once again this is not something that is going to clean up ev- posal unless we are completely trans- corporate money. I could give you an erything, because if we get a corrupt parent with the way we spend Amer- example from one of my colleagues Member, the corrupt Member will still ican tax dollars. here. He has in his State a very large act in a corrupt way and you will have This bipartisan agreement helps processing plant that produces prod- another Duke Cunningham-type scan- achieve that goal. We will be voting ucts that are sold under the label of dal 5 or 10 years from now and, unfortu- today at 5:30 on the Durbin amendment Kraft Foods. He is very popular in the nately, the reaction here is, hey, that and I encourage all of my colleagues, town where this big plant is. Employ- proves we need to change the rules. Republicans and Democrats, to support ees in that particular town come to As I have said, this is the only place it. Following that vote, we will vote on him and say: We would like to make I know where, when somebody breaks my amendment as modified by the Dur- campaign contributions to you; how do the rules, the first instinct is to change bin amendment. I encourage my col- we do it? He tells them: One way is you the rules instead of continuing to en- leagues to support it as well.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.028 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S556 CONGRESSIONAL RECORD — SENATE January 16, 2007 I yield the floor. tip of the iceberg in terms of classified gent importuning of my colleagues—to AMENDMENT NO. 70 pork and corruption. please come to the floor with their Mrs. FEINSTEIN. Madam President, Under this amendment, the public amendments. The floor is open now. At I call up amendment No. 70. can be assured that this cannot hap- 5:30 p.m. we will have a vote on two The PRESIDING OFFICER. The pen. In saying these words, I say them amendments and a cloture vote on a clerk will report. as a member of the Senate Select Com- third amendment. I ask them to please The legislative clerk read as follows: mittee on Intelligence; I say them with come to the floor and press their cause The Senator from [Mrs. the knowledge that these earmarks can now because the week is going on. It is FEINSTEIN], for herself and Mr. ROCKEFELLER, be very large; I say them with the Tuesday. We all heard the majority proposes an amendment numbered 70. knowledge that this budget, which is leader saying this morning that we Mrs. FEINSTEIN. Madam President, known as a ‘‘black budget’’ and is con- could finish this bill as early as I ask unanimous consent that reading sidered by the Defense Subcommittee Wednesday evening or as late as Satur- of the amendment be dispensed with. of Appropriations to be very difficult day. I know we would all want to see it The PRESIDING OFFICER. Without to get at, even by those of us who serve done on the former date. objection, it is so ordered. on both intelligence and defense appro- Hopefully, Members will come to the The amendment is as follows: priations. Senator BOND and I are in floor. It is my understanding there are (Purpose: To prohibit an earmark from being the process of suggesting a procedure some 60 amendments in the line. If a included in the classified portion of a re- to the chairman of the Defense Appro- Senator does not want his or her port accompanying a measure unless the measure includes a general program de- priations Committee, as well as the amendment to proceed further, please scription, funding level, and the name of leadership, that might bring greater in- so advise us so we can eliminate it the sponsor of that earmark) telligence staff work to bear on the from the list. On page 7, after line 6, insert the following: classified part that relates to intel- I suggest the absence of a quorum. ‘‘4. It shall not be in order to consider any ligence of the defense bill. The PRESIDING OFFICER. The bill, resolution, or conference report that This amendment is a very simple clerk will call the roll. contains an earmark included in any classi- amendment. It simply says make as The legislative clerk proceeded to fied portion of a report accompanying the clear as possible, without jeopardizing call the roll. measure unless the bill, resolution, or con- , what the earmark is Mr. BENNETT. Mr. President, I ask ference report includes to the greatest ex- unanimous consent that the order for tent practicable, consistent with the need to and provide transparency as to who is protect national security (including intel- requesting the earmark. I don’t think the quorum call be rescinded. ligence sources and methods), in unclassified that is too much to ask. I do not be- The PRESIDING OFFICER. Without language, a general program description, lieve it is going to in any way, shape, objection, it is so ordered. funding level, and the name of the sponsor of or form disrupt or change anything Mr. BENNETT. Mr. President, I have that earmark.’’. other than bring the light of day to heard from the minority on the Intel- Mrs. FEINSTEIN. Madam President, classified earmarks. ligence Committee, and they verify this amendment is presented by myself I am prepared to ask for the yeas and what Senator FEINSTEIN has said; that and Senator ROCKEFELLER, chairman of nays. I ask the ranking member if he is, that the corrections which they sug- the Intelligence Committee. It aims to has looked at this amendment. gested which she has accepted are, in bring the same goals of accountability The PRESIDING OFFICER. The Sen- fact, in the bill. I am prepared to go to and transparency of earmark reform to ator from Utah. a vote on the bill at this point, and I the most opaque of earmarks, and Mr. BENNETT. Madam President, I will support it. those are classified ones. The amend- have looked at this amendment, and I The PRESIDING OFFICER. The Sen- ment prohibits any bill authorization have no particular problem with it. I ator from California. or appropriation from containing an would think we could pass it by voice Mrs. FEINSTEIN. Mr. President, I earmark in the classified portion of vote, but as a courtesy to Senator thank the ranking member. I call up that bill or accompanying a report, un- BOND and the Intelligence Committee, amendment No. 70. less there is unclassified language that we have asked them to confirm that The PRESIDING OFFICER. The describes in general terms the nature the understanding which the Senator amendment is pending. of the earmark. The amount of the ear- from California has is, indeed, correct. Is there further debate? If not, the mark is disclosed and the sponsor of I have no reason to doubt her word on question is on agreeing to amendment the earmark is identified. this matter, but the earlier comment No. 70. We have cleared this with Senator to us was we want to be sure that the The amendment (No. 70) was agreed ROCKEFELLER and also, I believe, with fix has been made. She assures us it to. Senator BOND, who requested a change has been. But as a courtesy to them, I Mr. BENNETT. I move to reconsider that we have made. have asked my staff to check with the vote. This amendment would provide the them. When that word comes back, Mrs. FEINSTEIN. I move to lay that public with the assurance that the which I expect to be positive, I will be motion on the table. classified parts of the defense and in- willing to move ahead with a voice The motion to lay on the table was telligence budgets—which are indeed vote. agreed to. large—are subjected to the same scru- Mrs. FEINSTEIN. Madam President, Mrs. FEINSTEIN. Mr. President, I tiny and openness as everything else. I have no problem with trust but suggest the absence of a quorum. The need for the amendment was made verify. I am happy to cease and desist The PRESIDING OFFICER. The clear by the actions of former Con- at this time and wait and see. I thank clerk will call the roll. gressman Duke Cunningham. Accord- the ranking member. I thank the The legislative clerk proceeded to ing to a report by the House Intel- Chair. call the roll. ligence Committee, Cunningham was Mr. BENNETT. Madam President, I Mr. FEINGOLD. Mr. President, I ask able to enact a staggering $70 million suggest the absence of a quorum. unanimous consent that the order for to $80 million in classified earmarks The PRESIDING OFFICER. The the quorum call be rescinded. over a 5-year period. These earmarks clerk will call the roll. The PRESIDING OFFICER. Without benefited his business partners and The legislative clerk proceeded to objection, it is so ordered. were not known to most Members of call the roll. Mr. FEINGOLD. Mr. President, I ask the Congress or the public. Mrs. FEINSTEIN. I ask unanimous unanimous consent the pending amend- , in a November consent that the order for the quorum ment be set aside so I can call up three 2006 editorial, pointed out: call be rescinded. amendments at the desk. Until the last decade or so, earmarks The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Without weren’t permitted to intelligence bills be- PRYOR). Without objection, it is so or- objection, it is so ordered. cause of the absence of public scrutiny. dered. AMENDMENTS NOS. 63, 64, AND 76 EN BLOC The Post also notes that Mrs. FEINSTEIN. Mr. President, I Mr. FEINGOLD. Mr. President, I call Cunningham’s earmarks could be the urge—and I think this is my fourth ur- up amendments Nos. 63, 64, and 76.

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.030 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S557 They are at the desk, and I ask for (d) EFFECTIVE DATE.—The amendments ‘‘(iii) whether the registrant or lobbyist their immediate consideration. made by subsection (b) shall take effect 60 traveled on any such travel; The PRESIDING OFFICER. The days after the date of enactment of this Act. ‘‘(iv) the identity of the listed sponsor or AMENDMENT NO. 64 sponsors of such travel; and clerk will report. ‘‘(v) the identity of any person or entity, (Purpose: To prohibit lobbyists and entities The assistant legislative clerk read other than the listed sponsor or sponsors of that retain or employ lobbyists from as follows: the travel, who directly or indirectly pro- throwing lavish parties honoring Members The Senator from Wisconsin [Mr. vided for payment of travel and related ex- at party conventions) FEINGOLD] proposes amendments numbered penses at the request or suggestion of the 63, 64, and 76 en bloc. At the appropriate place, insert the fol- lobbyist, the registrant, or a political com- lowing: Mr. FEINGOLD. I ask unanimous mittee established or administered by the Paragraph (1)(d) of rule XXXV of the registrant; consent the reading of the amendments Standing Rules of the Senate is amended by ‘‘(F) the date, recipient, and amount of be dispensed with. adding at the end the following: funds contributed, disbursed, or arranged (or The PRESIDING OFFICER. Without ‘‘5. A Member may not participate in an a good faith estimate thereof) by the lob- objection, it is so ordered. event honoring that Member at a national byist, the registrant, or a political com- The amendments (Nos. 63, 64, and 76) party convention if such event is paid for by mittee established or administered by the any person or entity required to register pur- en bloc are as follows: registrant— suant to section 4(a) of the Lobbying Disclo- ‘‘(i) to pay the cost of an event to honor or AMENDMENT NO. 63 sure Act of 1995, or any individual or entity recognize a covered legislative branch offi- (Purpose: To increase the cooling off period identified as a lobbyist or a client in any cial or covered executive branch official; for senior staff to 2 years and to prohibit current registration or report filed under ‘‘(ii) to, or on behalf of, an entity that is former Members of Congress from engaging such Act.’’. named for a covered legislative branch offi- in lobbying activities in addition to lob- AMENDMENT NO. 76 cial, or to a person or entity in recognition bying contacts during their cooling off pe- (Purpose: To clarify certain aspects of the of such official; riod) lobbyist contribution reporting provision) ‘‘(iii) to an entity established, financed, On page 50, strike line 1 and all that fol- Strike section 212 and insert the following: maintained, or controlled by a covered legis- lative branch official or covered executive lows through page 51, line 12, and insert the SEC. 212. QUARTERLY REPORTS ON OTHER CON- following: TRIBUTIONS. branch official, or an entity designated by ‘‘(2) CONGRESSIONAL STAFF.— Section 5 of the Act (2 U.S.C. 1604) is such official; or ‘‘(iv) to pay the costs of a meeting, retreat, ‘‘(A) PROHIBITION.—Any person who is an amended by adding at the end the following: conference, or other similar event held by, or employee of a House of Congress and who, ‘‘(d) QUARTERLY REPORTS ON OTHER CON- for the benefit of, 1 or more covered legisla- within 2 years after that person leaves office, TRIBUTIONS.— knowingly makes, with the intent to influ- ‘‘(1) IN GENERAL.—Not later than 45 days tive branch officials or covered executive ence, any communication to or appearance after the end of the quarterly period begin- branch officials; except that this paragraph before any of the persons described in sub- ning on the 20th day of January, April, July, shall not apply to any funds required to be paragraph (B), on behalf of any other person and October of each year, or on the first reported under section 304 of the Federal (except the United States) in connection business day after the 20th if that day is not Election Campaign Act of 1974 (2 U.S.C. 434); with any matter on which such former em- a business day, each registrant under para- ‘‘(G) the date, recipient, and amount of any ployee seeks action by a Member, officer, or graphs (1) or (2) of section 4(a), and each em- gift (that under the standing rules of the employee of either House of Congress, in his ployee who is listed as a lobbyist on a cur- House of Representatives or Senate counts or her official capacity, shall be punished as rent registration or report filed under this towards the $100 cumulative annual limit de- provided in section 216 of this title. Act, shall file a report with the Secretary of scribed in such rules) valued in excess of $20 ‘‘(B) CONTACT PERSONS COVERED.—Persons the Senate and the Clerk of the House of given by the lobbyist, the registrant, or a po- referred to in subparagraph (A) with respect Representatives containing— litical committee established or adminis- to appearances or communications are any ‘‘(A) the name of the registrant or lob- tered by the registrant to a covered legisla- Member, officer, or employee of the House of byist; tive branch official or covered executive Congress in which the person subject to sub- ‘‘(B) the employer of the lobbyist or the branch official; and paragraph (A) was employed. This subpara- names of all political committees estab- ‘‘(H) the name of each Presidential library graph shall not apply to contacts with staff lished or administered by the registrant; foundation and Presidential inaugural com- of the Secretary of the Senate or the Clerk ‘‘(C) the name of each Federal candidate or mittee, to whom contributions equal to or of the House of Representatives regarding officeholder, leadership PAC, or political exceeding $200 were made by the lobbyist, compliance with lobbying disclosure require- party committee, to whom aggregate con- the registrant, or a political committee es- ments under the Lobbying Disclosure Act of tributions equal to or exceeding $200 were tablished or administered by the registrant 1995. made by the lobbyist, the registrant, or a po- within the calendar year, and the date and ‘‘(3) MEMBERS OF CONGRESS AND ELECTED litical committee established or adminis- amount of each such contribution within the OFFICERS.—Any person who is a Member of tered by the registrant within the calendar quarter. Congress or an elected officer of either House year, and the date and amount of each con- ‘‘(2) RULE OF CONSTRUCTION.—For the pur- of Congress and who, within 2 years after tribution made within the quarter; poses of this paragraph— ‘‘(i) the term ‘lobbyist’ shall include a lob- that person leaves office, knowingly engages ‘‘(D) the name of each Federal candidate or byist, registrant, or political committee es- in lobbying activities on behalf of any other officeholder, leadership PAC, or political tablished or administered by the registrant; person (except the United States) in connec- party committee for whom a fundraising event was hosted, co-hosted, or sponsored by and tion with any matter on which such former ‘‘(ii) the term ‘Federal candidate or other the lobbyist, the registrant, or a political or elected officer seeks recipient’ shall include a Federal candidate, committee established or administered by action by a Member, officer, or employee of Federal officeholder, leadership PAC, or po- the registrant within the quarter, and the either House of Congress shall be punished as litical party committee. date, location, and total amount (or good provided in section 216 of this title.’’; ‘‘(3) DEFINITIONS.—In this subsection, the (3) in paragraph (6)— faith estimate thereof) raised at such event; following definitions shall apply: ‘‘(E) the name of each covered legislative (A) by striking ‘‘paragraphs (2), (3), and ‘‘(A) GIFT.—The term ‘gift’— (4)’’ and inserting ‘‘paragraph (2)’’; branch official or covered executive branch ‘‘(i) means a gratuity, favor, discount, en- (B) by striking ‘‘(A)’’; official for whom the lobbyist, the reg- tertainment, hospitality, loan, forbearance, (C) by striking subparagraph (B); and istrant, or a political committee established or other item having monetary value; and (D) by redesignating the paragraph as or administered by the registrant provided, ‘‘(ii) includes, whether provided in kind, by paragraph (4); and or directed or caused to be provided, any purchase of a ticket, payment in advance, or (4) by redesignating paragraph (7) as para- payment or reimbursements for travel and reimbursement after the expense has been graph (5). related expenses in connection with the du- incurred— (c) DEFINITION OF LOBBYING ACTIVITY.—Sec- ties of such covered official, including for ‘‘(I) gifts of services; tion 207(i) of title 18, United States Code, is each such official— ‘‘(II) training; amended— ‘‘(i) an itemization of the payments or re- ‘‘(III) transportation; and (1) in paragraph (2), by striking ‘‘and’’ imbursements provided to finance the travel ‘‘(IV) lodging and meals. after the semicolon; and related expenses, and to whom the pay- ‘‘(B) LEADERSHIP PAC.—The term ‘leader- (2) in paragraph (3), by striking the period ments or reimbursements were made with ship PAC’ means with respect to an indi- and inserting ‘‘; and’’; and the express or implied understanding or vidual holding Federal office, an unauthor- (3) by adding at the end the following: agreement that such funds will be used for ized political committee which is associated ‘‘(4) the term ‘lobbying activities’ has the travel and related expenses; with an individual holding Federal office, ex- same meaning given such term in section 3(7) ‘‘(ii) the purpose and final itinerary of the cept that such term shall not apply in the of the Lobbying Disclosure Act (2 U.S.C. trip, including a description of all meetings, case of a political committee of a political 1602(7)).’’. tours, events, and outings attended; party.’’.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.033 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S558 CONGRESSIONAL RECORD — SENATE January 16, 2007 AMENDMENTS NOS. 32 AND 54 WITHDRAWN jority control of both Houses shifted, the Senate failed the test of real re- Mr. FEINGOLD. I ask that the pend- the Senate finally, in 1995, took action. form. And in any event, no changes to ing amendments Nos. 32 and 54 be with- People forget because the 1995 rules the rules went into effect because the drawn. were a major departure from what had bill died after it left the Senate. The PRESIDING OFFICER. Without gone before, but they contained excep- The public showed its displeasure objection, it is so ordered. tions and loopholes that, while they with these practices and the excesses Mr. FEINGOLD. Those were items re- might have seemed reasonable at the and lawbreaking in the November elec- placed by what we did prior to that. time, began to cause problems in the tions. Watershed elections occurred. AMENDMENT NO. 65 TO AMENDMENT NO. 4 years that followed. For example, as I Many new Members and new leaders ar- Mr. President, I call up amendment said, before 1995, there were virtually rived early this month. To their credit, No. 65, a second-degree amendment to no limits on the gifts that Senators Speaker PELOSI in the House and Ma- Reid amendment No. 4, which is at the could accept. I was astonished when I jority Leader REID made ethics reform desk. came here as a new senator in 1995 to a top priority for the new Congress— The PRESIDING OFFICER. The see the things that were being offered and the first priority in the Senate. clerk will report. to Senators. I could not quite believe But they did something even more im- The assistant legislative clerk read some of the things being offered. The portant. They put the power of their as follows: 1995 gift ban was actually not a ban at offices behind tough and comprehen- sive reform, a strong brew of gift and The Senator from Wisconsin [Mr. all; instead, we just put a limit on travel changes, not the weak tea that FEINGOLD] proposes an amendment numbered gifts—$50 per gift, and $100 per year 65 to amendment No. 4. from a single source. was before us last year. Let me be very clear. While the un- Mr. FEINGOLD. I ask unanimous Similarly, the 1995 rules prohibited the worst excesses under the previous derlying Reid-McConnell substitute in- consent the reading of the amendment cludes some important provisions to be dispensed with. anything goes attitude about privately funded travel—golf and ski vacations improve the flawed bill the Senate The PRESIDING OFFICER. Without passed last year, it doesn’t make the paid for and attended by lobbyists, objection, it is so ordered. necessary changes to the gift and trav- what were called ‘‘purely recreational The amendment is as follows: el rules. Only if Reid amendment No. 4 trips.’’ But it still allowed factfinding (Purpose: To prohibit lobbyists and entities is adopted will that job be complete. and officially connected trips of up to 4 that retain or employ lobbyists from Senator REID follows the lead of the throwing lavish parties honoring Members days in length, or 7 days to a foreign House to really ban gifts from lobby- at party conventions) destination. ists, instead of letting groups that Not surprisingly, and consistent with On page 2, between lines 2 and 3, insert the lobby continue to buy gifts. And he im- following: the new rules, after 1995, as before, poses new restrictions on lobbyist SEC. 108A. NATIONAL PARTY CONVENTIONS. much of the gifts and travel offered to funded travel that should reduce, if not Paragraph (1)(d) of rule XXXV of the Senators and staff came from lobbyists eliminate, the excesses that have be- Standing Rules of the Senate is amended by and groups that lobby. Sure, constitu- adding at the end the following: come commonplace under the 1995 ents offer us T-shirts or baseball caps rules. ‘‘5. A Member may not participate in an or home State products, and the rules event honoring that Member at a national Senator REID took a bold step as well party convention if such event is paid for by allow that. But not too many constitu- by agreeing to include in his amend- any person or entity required to register pur- ents making a trip to Washington with ment changes to the reimbursement suant to section 4(a) of the Lobbying Disclo- their kids are offering to take a Sen- rules that apply when Senators fly on sure Act of 1995, or any individual or entity ator or staffer out to a $49 dinner or to corporate jets. I am very pleased that identified as a lobbyist or a client in any buy tickets for them to the Kennedy this change in particular has been in- current registration or report filed under Center or a Wizards game. cluded because it was brought to the such Act.’’. Although there are exceptions, most attention of the Senate in an ethics re- Mr. FEINGOLD. Mr. President, I of the invitations to go to conferences form bill I introduced in July 2005. It withhold further discussion of these or on factfinding trips also come from will rid us of one of the most obvious particular amendments until a later lobbying organizations, groups with a ethical fictions in the current rules, time. point of view that they want to share and in the campaign laws—that flying Now I will move on to talking about with a Senator or staffer in com- on a corporate jet is just worth the a very major vote coming up in the fortable, relaxed surroundings, with cost of a first class ticket on a com- Senate later today. ample food and drink provided. mercial airline. This evening the Senate will cast a The American people, and many of To his credit, Senator REID has been very important vote. The result will go my colleagues as well, have come to flexible in crafting the final version of a long way toward deciding whether view these gifts and trips from those these new corporate jet rules. He in- the gift rule changes before us meet who want to influence us, which are cluded important disclosure require- the high standards for reform set by now perfectly legal under our rules, as ments that the Senator from Arizona the American people in the most recent unseemly. And of course, there have and I have been seeking for some time. elections in November. I am referring been people who have played fast and He made clear at the request of the to the motion to invoke cloture on loose with the rules. The $100 annual Senator from Oklahoma, that Members Reid amendment No. 4, which contains limit is hardly ever discussed. Tickets who fly their own planes are not af- very important provisions imposing to skyboxes are sometimes valued at fected by these new rules. And he in- and strengthening restrictions on gifts, $49.99. A different person picks up the cluded a provision I suggested to ad- travel, and corporate jets. tab at regular lunches or a ‘‘personal dress the concern raised by the Senator I take a few minutes to explain why friendship’’ is developed where one from Alaska and others that their offi- I believe the Reid amendment is so cru- friend always seems to pay. And fact- cial travel budgets might need to be cial. finding trips to Scotland have turned supplemented because of the particu- In 1995, after another watershed elec- out to be golf adventures. larly complicated logistics of travel in tion, the Senate adopted major rule Now last year the Senate made a their large and rural States. changes, which came to be known as half-hearted effort in the direction of My colleagues, the vote on Reid ‘‘the gift ban.’’ Prior to that time, cleaning up this problem, but it fell amendment No. 4 will tell the Amer- there were virtually no limits on the short. It passed a lobbyist gift ban but ican people if we are serious about re- gifts or trips that Senators could ac- didn’t cover groups that retain or em- form or just trying to get away with cept. Scandalous tabloid TV exposes ploy lobbyists. It passed new disclosure doing the least we can. The changes in showed some of the most egregious va- and Ethics Committee approval re- Senator REID’s amendment are abso- cation extravaganzas that some Sen- quirements for privately funded trips lutely critical to sending the message ators enjoyed at the expense of others, but did nothing to change the under- that the days of lobbyist access and in- and after an election in which numer- lying standard of what kinds of trips fluence based on the perks and privi- ous incumbents were defeated and ma- can be taken. On these two key issues, leges they offer us, the meals they buy,

VerDate Aug 31 2005 23:52 Jan 16, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.034 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S559 the tickets they provide, the trips they SEC. lll. OFFICIAL TRAVEL. The PRESIDING OFFICER (Mr. arrange and their clients finance, are Rule XXXVIII of the Standing Rules of the CARDIN). Is there objection? over. Senate is amended by adding at the end the The Senator from California. Lobbyists play an important, and in- following: Mrs. FEINSTEIN. Mr. President, if I ‘‘3. Any payment or reimbursement for might respond to the ranking mem- deed a constitutionally protected, role travel in connection with the official duties in the legislative process. But the Con- of the Member (except in the case of third ber’s comment, I know there are no stitution protects the rights of our party sponsored travel approved by the Se- more second-degree amendments in citizens to petition their government, lect Committee on Ethics under rule XXXV) order. However, I have looked at this it does not guarantee that lobbyists shall be paid for exclusively with appro- modification. It is minor, and I would hired by those citizens can try to influ- priated funds or funds from a political com- certainly agree to it. ence elected representatives by taking mittee as defined in section 301(4)) of the Mr. BENNETT. Mr. President, I them out to dinner. All this amend- Federal Election Campaign Act of 1971 (2 thank the chairman of the committee U.S.C. 431(4)) and may not be supplemented for her courtesy, and send a copy of the ment is saying is that if you want to by any other funds, including funds of the meet with a lobbyist over dinner, go Member or a gift.’’. modified amendment to the desk. right ahead—but pay your own way. The PRESIDING OFFICER. Without Mr. BENNETT. I ask unanimous con- objection, the modification is per- And if you do not want to pay, then sent these two amendments be laid have the meeting in your office. That mitted. aside. The amendment, as modified, is as is the rule the Wisconsin legislature The PRESIDING OFFICER. Without has had for decades. That is the rule follows: objection, it is so ordered. On page 3, line 8, after ‘‘clause (1)’’ insert my staff and I have followed since I Mr. BENNETT. I suggest the absence came to the Senate in 1993. That is the ‘‘or sponsored by a 501(c)(3) organization that of a quorum. has been pre-approved by the Select Com- rule the U.S. Senate should support The PRESIDING OFFICER. The mittee on Ethics. When deciding whether to today. I urge my colleagues to vote in clerk will call the roll. pre-approve a 501(c)(3) organization, the Se- favor of cloture on Reid amendment The assistant legislative clerk pro- lect Committee on Ethics shall consider the No. 4. ceeded to call the roll. stated mission of the organization, the orga- I yield the floor and suggest the ab- Mr. BENNETT. Mr. President, I ask nization’s prior history of sponsoring con- gressional trips, other educational activities sence of a quorum. unanimous consent that the order for The PRESIDING OFFICER. The performed by the organization besides spon- the quorum call be rescinded. soring congressional trips, whether any trips clerk will call the roll. The PRESIDING OFFICER. Without The assistant legislative clerk pro- previously sponsored by the organization led objection, it is so ordered. to an investigation by the Select Committee ceeded to call the roll. AMENDMENT NO. 81 TO AMENDMENT NO. 4 on Ethics and any other factor deemed rel- Mr. BENNETT. Mr. President, I ask Mr. BENNETT. Mr. President, I call evant by the Select Committee on Ethics’’. unanimous consent that the order for Mr. BENNETT. With that, Mr. Presi- the quorum call be rescinded. up amendment No. 81. The PRESIDING OFFICER. Without dent, I suggest the absence of a The PRESIDING OFFICER. Without quorum. objection, it is so ordered. objection, the pending amendment is set aside. The PRESIDING OFFICER. The AMENDMENTS NOS. 78 AND 79 EN BLOC Mr. BENNETT. Mr. President, I am clerk will call the roll. Mr. BENNETT. Mr. President, on be- advised—— The assistant legislative clerk pro- half of Senator LOTT, I ask unanimous The PRESIDING OFFICER. And this ceeded to call the roll. consent to lay aside the pending is a second-degree amendment to Mr. NELSON of Florida. Mr. Presi- amendment and call up amendments amendment No. 4? dent, I ask unanimous consent that the No. 78 and No. 79. Mr. BENNETT. That is correct, Mr. order for the quorum call be rescinded. The PRESIDING OFFICER. Without President. The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. The objection, it is so ordered. Mr. NELSON of Florida. Mr. Presi- The clerk will report. clerk will report. dent, I ask unanimous consent to speak The assistant legislative clerk read The assistant legislative clerk read as in morning business. as follows: as follows: The Senator from Utah [Mr. BENNETT], for The PRESIDING OFFICER. Without The Senator from Utah [Mr. BENNETT] pro- objection, it is so ordered. Mr. LOTT, proposes amendments numbered 78 poses an amendment numbered 81 to amend- (The remarks of Mr. NELSON of Flor- and 79 en bloc. ment No. 4. The amendments are as follows: ida are printed in today’s RECORD The amendment is as follows: under ‘‘Morning Business.’’) AMENDMENT NO. 78 (Purpose: To permit travel hosted by Mrs. FEINSTEIN. Mr. President, I (Purpose: To only allow official and offi- preapproved 501(c)(3) organizations) suggest the absence of a quorum. cially related travel to be paid for by ap- On page 3, line 8, after ‘‘clause (1)’’ insert propriated funds) The PRESIDING OFFICER. The ‘‘sponsored by a 501(c)(3) organization that clerk will call the roll. At the appropriate place, insert the fol- has been pre-approved by the Select Com- The legislative clerk proceeded to lowing: mittee on Ethics. When deciding whether to call the roll. SEC. lll. OFFICIAL TRAVEL. pre-approve a 501(c)(3) organization, the Se- Mr. CASEY. Mr. President, I ask Rule XXXVIII of the Standing Rules of the lect Committee on Ethics shall consider the Senate is amended by adding at the end the stated mission of the organization, the orga- unanimous consent that the order for following: nization’s prior history of sponsoring con- the quorum call be rescinded. ‘‘3. Any payment or reimbursement for gressional trips, other educational activities The PRESIDING OFFICER. Without travel in connection with the official duties performed by the organization besides spon- objection, it is so ordered. of the Member (except in the case of third soring congressional trips, whether any trips AMENDMENT NO. 56 party sponsored travel approved by the Se- previously sponsored by the organization led Mr. CASEY. Mr. President, I ask that lect Committee on Ethics under rule XXXV) to an investigation by the Select Committee amendment No. 56 now be the pending shall be paid for exclusively with appro- on Ethics and any other factor deemed rel- priated funds and may not be supplemented evant by the Select Committee on Ethics’’. business. by any other funds, including funds of the The PRESIDING OFFICER. Without AMENDMENT NO. 81, AS MODIFIED Member or from a political committee as de- objection, it is so ordered. fined in section 301(4) of the Federal Election Mr. BENNETT. Mr. President, I am Mr. CASEY. Mr. President, this Campaign Act of 1971 (2 U.S.C. 431(4)), or a advised there was a drafting error in amendment prohibits the wrongful in- gift.’’. this amendment and we cannot modify fluencing of a private entity’s employ- AMENDMENT NO. 79 it, because cloture has been filed, ex- ment decisions and/or practices in ex- (Purpose: To only allow official and offi- cept by unanimous consent. For that change for political access or favors. cially related travel to be paid for by ap- reason, I ask unanimous consent that I As we all know from the recent activ- propriated funds) be allowed to modify the amendment ity in this body, Reid-McConnell, S. 1, At the appropriate place, insert the fol- by adding the word ‘‘or’’ at the appro- is an ethics reform bill, I think a criti- lowing: priate place. cally important bill for this body and

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.031 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S560 CONGRESSIONAL RECORD — SENATE January 16, 2007 for the country. One of the things we The PRESIDING OFFICER. Will the would be headed by a Director jointly want to make sure happens in that bill Senator withhold his suggestion? appointed by the majority and the mi- is that we provide all the protections Mr. CASEY. Yes. nority leaders of the Senate. So those possible to give confidence to the The PRESIDING OFFICER. The Sen- who fear that somehow this Director American people that what is hap- ator from California. and this office would be partisan pening in Washington speaks to some Mrs. FEINSTEIN. Mr. President, I in- should look at that provision that re- of their concerns. This amendment dicate to the distinguished Senator quires a joint appointment by the speaks to that by providing criminal from Pennsylvania that I strongly sup- Democratic and the Republican lead- penalties punishable, in this case, by a port his amendment. My hope is we ers. We preserve a very important and fine or imprisonment for up to 15 years will be able to accept it without a vote. strong role for the Ethics Committee, for anyone who would engage in the I have spoken with the ranking mem- and I believe that, combined, these two practice of wrongfully influencing a ber, and I believe he is vetting it and entities can help restore public con- private entity’s employment decisions hopefully we will be able to do that fidence in the independence and impar- and/or practices, as I said before, in ex- shortly. tiality of ethics oversight and enforce- change for political access or favors. I thank the Senator very much. I ment. Also, one of the penalties that is con- yield the floor. I want to take a moment to under- templated in this amendment is to dis- Mr. CASEY. I thank the Senator. I line this point about the role of the qualify an individual from holding pub- yield the floor. Ethics Committee. It would be the Eth- lic office—any office—if they engage in Mrs. FEINSTEIN. I suggest the ab- ics Committee that decides if a com- that activity. What we are talking sence of a quorum. plaint were frivolous, the Ethics Com- about is activity that has gone under The PRESIDING OFFICER. The mittee that would decide whether to the umbrella of the name of the K clerk will call the roll. enforce a subpoena, the Ethics Com- Street Project which has been written The legislative clerk proceeded to mittee that would determine when and about extensively in the public press call the roll. whether investigatory materials are for several years now, and what we are Ms. COLLINS. Mr. President, I ask made public. I think there is a lot of talking about there, in particular, I be- unanimous consent that the order for misunderstanding that somehow this lieve, is an effort to have a corrupting the quorum call be rescinded. office would operate completely di- influence, in my judgment, on a couple The PRESIDING OFFICER. Without vorced from the Ethics Committee and of important areas of activity in Wash- objection, it is so ordered. on automatic pilot. It would be the ington—first, a corrupting influence on AMENDMENT NO. 30 Ethics Committee that would continue hiring decisions in the private sector in Ms. COLLINS. Mr. President, last to provide advice, both informally and Washington, a corrupting influence on week, I was very pleased to join with through advisory opinions. It would be political fundraising which we know the Senator from Connecticut, Mr. the Ethics Committee, not the Director has all of the challenges that those of LIEBERMAN, in offering an amendment of the Senate Office of Public Integ- us in Washington who care about doing to this bill to create an Office of Public rity, who would have sole discretion on it the right way have concerns about, Integrity. The American people view what is reported publicly if the com- and certainly the activities of the K the way we enforce ethics requirements mittee overrules a decision of the of- Street Project or any other similar ef- as an inherently conflicted process. We fice. fort, any other similar practice in are our own advisers, our own inves- At bottom, our amendment creates Washington also has a corrupt influ- tigators, our own prosecutors, our own an independent, transparent process for ence on the priorities of the Govern- judges, our own juries, and even though initiating and conducting investiga- ment of the United States. That is why some of our finest Members serve on tions of possible ethical and other vio- this amendment is so important. our Ethics Committee, they cannot es- lations. I think this is important. We It is long overdue. It is high time to cape that perception, they cannot es- haven’t had the problems on this side end this corruption, to end this prac- cape the process, nor can they convince of the Congress that have troubled our tice which for too long has been a part the public that the process works to colleagues on the House side, but I of the culture of corruption in Wash- ensure an independent, impartial in- think we still need to act to put into ington. I believe this amendment will vestigation of allegations brought place a process that would guarantee strengthen S. 1, it will strengthen any against Members of Congress. to the public an impartial and inde- effort to provide, as the main bill con- Last March, Senator LIEBERMAN, pendent investigation of allegations— templates, both transparency and ac- Senator MCCAIN, and myself offered an not of the final judgment, not of the countability, and I do believe this amendment designed to restore the remedies or punishment that is found amendment will speak directly to that public’s confidence in our ethics proc- by the Ethics Committee to be appro- issue. There is broad bipartisan support ess by creating a new Senate Office of priate but the investigative stage. I for this amendment, as there is for the Public Integrity. Although that suggest that not only would this help Reid-McConnell bill. amendment failed, I hope our col- restore public confidence in the proc- I also appreciate the fact that as a leagues will take another look at the ess, but it would also be helpful to new Member—and, Mr. President, I in- rationale for this office. I hope our col- Members because if an independent of- clude you in this as well as someone leagues have looked at the election re- fice concludes there is no merit to alle- who cares very deeply, as you do, about sults in which the public clearly stated gations lodged against Members of the question of ethics and ethics re- its concern over allegations of corrup- Congress, the public is much more like- form—the bill we are talking about in tion. The adoption of our amendment ly to accept that conclusion than if it the Senate was arrived at through a bi- is the single most important step we is made by other Members of the same partisan effort, and I think it is impor- could take to help restore the public’s body who serve with us each day. tant this amendment, which deals with confidence in the integrity of the deci- I know some of our colleagues are the K Street Project or any other simi- sions we make. not comfortable generally with the lar effort in Washington, also be a bi- I am not saying the amendment the concept of an independent office with partisan effort by people in both par- Senator from Connecticut and the Sen- any investigatory powers. But I don’t ties, on both sides of the aisle to make ator from Arizona and I have proposed believe we are creating some sort of sure we can once and for all tear out by is perfect. We are very open to working monster, some sort of out-of-control the roots the corrupt practices that, with our colleagues on both sides of the special prosecutor because we impose unfortunately, became known as the K aisle who have suggestions for how to on the process the discipline and the Street Project. improve our amendment. We incor- authority, the ultimate authority of I appreciate this opportunity to porated a lot of those suggestions into the Ethics Committee. But I do believe speak. I yield the floor and suggest the the proposal we brought before the full we would be creating a process that absence of a quorum. Senate last March. would help restore the badly tarnished Mrs. FEINSTEIN. Mr. President, be- I wanted to point out some basic in- view the public has of our ability to in- fore the Senator does that—— formation about this office. First, it vestigate ourselves.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.042 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S561 I respect and I honor the constitu- Most of all, it is important that we spect it. There is a process that some- tional role that says we sit in judg- go on record, that we have an oppor- times reaches a conclusion in judgment ment of our peers, our colleagues, in tunity for a vote because, after all, with which we don’t agree, but the both bodies. I am not talking about that is part of the process, too: ensur- process is so independent and reliable disturbing that role in any way. In- ing that Members express their views that we accept it nonetheless. What stead, what I am saying is it would and that it is done in a forthright man- that means, obviously, is that unless help restore public confidence, when ner. I hope very much we will have an we are able to bring this amendment, serious allegations are lodged against a opportunity to have a rollcall vote on to create an Office of Public Integrity, Member of Congress, if we were to cre- this important amendment. to a vote prior to a cloture vote on the ate this independent investigative of- It has been a great pleasure to work overall bill—which we presume will be fice. There are many safeguards and with the new chairman of the Home- tomorrow—we will not have a chance checks and balances we have carefully land Security and Governmental Af- to bring it to a vote. built into the amendment that the fairs Committee on this issue, as on We have been told that unanimous Senator from Connecticut and I have every issue on which I have worked consent—which is necessary to set brought before this body. I urge our with the Senator from Connecticut. aside the pending amendment and colleagues to actually read the amend- Thank you, Mr. President. I yield the bring this up—will not be granted to ment and to take a look at it closely. floor. this amendment. I urge our leaders and If there are particular concerns, I ask The PRESIDING OFFICER (Mr. others to please reconsider that. We that they work with us to improve our CASEY). The Senator from Connecticut know—Senator COLLINS, Senator amendment. But what is not accept- is recognized. OBAMA, Senator MCCAIN, and I,—that able to me is for this amendment not Mr. LIEBERMAN. Mr. President, I we are still fighting upstream to get to receive a vote by this body. The would like to particularly thank the the necessary votes we need to agree to Members are familiar with it. I believe Senator from Maine, the previous this. But I think it is important that it is time for us to go on the record. chairman of the Homeland Security we have the debate, that we have the I don’t think that shoveling off this and Governmental Affairs Committee, vote, that we build support. amendment in the hope that it will under whose leadership this bill was There are many new Members, and I come up at some future date is the way fashioned, along with myself, Senator don’t presume to know how they would to proceed. I think our amendment is MCCAIN, and Senator OBAMA, who has vote, and I know the new Members well crafted and well balanced. I be- now joined us as an original cosponsor. have gone through the process at home lieve it would make a major difference We have continued this battle. We lost and they know the extent to which our in the process and help to restore the last year, but we think this is an im- constituents—Democratic, Republican, public’s confidence in the whole ethics portant provision, and sometimes you Independent—are unhappy with a lot of system. I believe it is carefully crafted have to fight for something you think the way we do business. They believe so that it does not diminish the very is right until you can convince a ma- there is too much partisanship and, of important role of our Ethics Com- jority to join with you. course, their views were affected by the mittee, a role I respect and honor, but Senator COLLINS has stated the case scandals of the last few years. this amendment would help accomplish very well. The underlying bill here, S. When you think about it, it has been the goal of building the public’s trust. 1, and some of the amendments that a difficult time for Congress. Of course, Why is this so important? Because if have been filed to it represent a signifi- obviously, almost all Members of Con- the public does not trust our ethics cant step forward in the way we in gress conduct themselves in an ethical system, it will not trust the decisions Congress will regulate our own ethics way, but we all suffer, and the institu- we are making on vital issues—the and provide for disclosure and over- tion suffers, when some Members do issues that shape the future of this sight of the behavior of those who not conduct themselves in an ethical country. The American people deserve lobby us. way. Look back over the last 4 or 5 to know that our decisions are not This underlying bill is not a perfect years. In 2002, the majority leader in tainted by outside undue influence. bill, but it is a very strong bill. Ulti- the House was indicted for conspiring They deserve to know we are putting mately the test of it will be its credi- to illegally funnel corporate money the interests of the American people bility. This is comparable to other laws into State campaigns, a violation of and our constituents above any other that we pass—for example Federal State campaign laws. Another Member interests. criminal law. We pass some good laws, of Congress went to jail for exchanging I have often said, and I will repeat it, but ultimately we depend on the inde- earmarks for bribes. The FBI raided that I respect the important role lob- pendence of the investigative and pros- the office of a third Member in a probe byists play in the process. They pro- ecutorial system and the independence of possible illicit activity. Lobbyist vide us with useful information, wheth- of the judges who adjudicate the cases Jack Abramoff pleaded guilty and went er they are representing a children’s brought before them not only so justice to jail for wire fraud and , , the business commu- is done, but also that the system of jus- and the investigations into his activi- nity, a labor organization, or a public tice we have created enjoys the respect ties revealed what can only be charac- interest association. That input is im- and trust of the people of this country. terized as the most sleazy, unethical, portant to us as long as it aids but does Here is the situation in this case. We ultimately illegal behavior by Mr. not dictate our decisions. It is impor- have a tough, underlying bill with sub- Abramoff, his associates, and individ- tant that the process be transparent. stantial reforms to congressional eth- uals in both the legislative and execu- There is much in this bill, which we ics and lobbying, but there is no tive branches of Government. worked very hard on in the Homeland change in the enforcement mechanism One Member pleaded guilty to con- Security and Governmental Affairs for implementing the broader reforms spiracy and making false statements Committee last year, that improves that would be adopted under the under- regarding political favors given to the transparency of the process, but we lying bill. That is what we propose to Abramoff in exchange for gifts. A need to add the enforcement piece. We do with this amendment number 30, es- former Deputy Chief of Staff for a Con- need to make sure not only that we tablish an Office of Public Integrity. I gressman pleaded guilty to conspiracy ban inappropriate practices, not only will get to it in a moment, but I would and corruption charges. A former offi- that we have full and more accessible also like to echo an appeal that the cial at the General Services Adminis- disclosure, but we need the enforce- Senator from Maine made. tration in the Office of Management ment piece as well. That is what my Unfortunately, I saw respectfully, in and Budget was convicted of lying to distinguished colleague from Con- the wisdom of the Parliamentarian, the various officials at GSA in an attempt necticut as well as the Senators from ruling has come down that this amend- to cover up favorable treatment he Arizona and Illinois have proposed, and ment would not be germane post-clo- gave to Mr. Abramoff. I believe it is the missing piece that ture. We have tried to convince the And just as the news of many of these will make already good legislation an Parliamentarian otherwise. We have scandals was winding down, the Nation excellent bill. not succeeded. That is a given. We re- was shaken again last fall by the news

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.043 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S562 CONGRESSIONAL RECORD — SENATE January 16, 2007 of Congressman Foley’s improper be- ment. I urge them to take a look at the that it doesn’t have sufficient staff to havior. So who can blame the Amer- details. I spoke with one Member ear- handle all the investigations that come ican people for having lost a lot of lier today who said he was concerned before it. But I think it is also a reflec- their confidence in Congress? As we that an irresponsible ethical complaint tion of a judgment that motivates this left town last October for the election would be filed with the independent Of- amendment—that there are times when break, Congress’s public approval rat- fice of Public Integrity in the middle of a charge is made against a Senator be- ings were hovering in the teens. To put a campaign or before—but particularly fore a committee of his peers or her any doubts to rest, I think the Amer- during the middle of a campaign— peers, Senators, and to establish real ican people sent a message on election would be used in a 30-second commer- credibility for the investigation the day that they wanted a change in cial against an incumbent. Ethics Committee itself has brought in Washington. Some of the exit polls Of course, that can happen now if an independent investigator. We are were stunning because they showed somebody files a complaint with the saying that makes good sense, and that that more voters identified corruption Ethics Committee. But, in fact, I think is exactly what our amendment would in Washington as influencing their the proposal we have made is aimed at do on an ongoing basis. votes in last fall’s election than any an independent investigation but pro- Finally, I wish to note that at the other issue, including, much to my sur- tecting against exactly that kind of suggestion of our friend and colleague prise, the war in . abuse. from Arizona, Senator MCCAIN, we are America voted for us to clean up our Let me go through the process, brief- assigning, under this amendment, to act. That is what the underlying bill, ly, to reassure Members. A complaint this Office of Public Integrity, the role S. 1, will do. But it will not do it as may be filed with the Public Integrity of recommending to the Ethics Com- well as it should if we do not also re- Office by a Member of Congress, an mittee the approval or disapproval of form the system by which these rules outside complainant or the Office itself privately funded travel by Members and laws are enforced. That is exactly at its own initiative. No complaint and staff. The underlying bill restricts what this bill does. may be accepted against a Member privately funded travel that may be ac- The legislation before us pledges to within 60 days of an election involving cepted by Members of Congress and the American people that we are going that Member. So we are trying to sepa- contains a new pre-approval process for to put the public interest above our rate this from a campaign caper. privately funded travel. Giving this re- own self-interest. We are saying no to Within 30 days of filing, the director sponsibility to this Office of Public In- gifts and travel from lobbyists. We are must make an initial determination as tegrity, independent as it is, I think demanding greater disclosure from lob- to whether to dismiss the case or will help assure the American people byists about their activities. We are whether there are sufficient grounds that travel requests by Members of the going to slow the revolving door be- for conducting an investigation. Dur- Senate will be scrutinized independ- tween Congress and the lobbying firms ing that time, the Member who is the ently by this independent office. of K Street. The bill before us is one of subject of the complaint may challenge I will conclude, noting that the time the strongest reform measures I have the complaint. The director may dis- is coming to go to the discussion of the seen in the Senate. I am proud to sup- miss a complaint that fails to state a three pending amendments. This pro- port it. But, again, it needs an equally violation, lacks credible evidence of a posal for an Office of Public Integrity strong enforcement mechanism. violation or relates to a violation that is entirely consistent with the Con- Last month, before the ink was dry is inadvertent, technical or otherwise stitution’s mandate that each House of on the House Ethics Committee report of a de minimis nature. Congress determines its own rules and on the allegations of a coverup of Con- I urge my colleagues to particularly sanctions its own members. It is a pro- gressman Foley’s behavior, the press listen to this. posal consistent with the practice of and a lot of the people dismissed it as The Director may refer a case that has the Ethics Committee of bringing in a half-hearted job, a kind of ‘‘inside the been dismissed to the Ethics Committee for outside counsel on occasion to assist in Congress’’ going-easy report. I do not the Ethics Committee to determine if the its work. It is 100 percent consistent complaint is frivolous. If the Ethics Com- with the message the American people accept that conclusion, but the fact is, mittee determines that a complaint is frivo- when you have Members judging Mem- sent in November: for Congress to con- lous, the committee may notify the Director duct itself with honor and dignity, in a bers along the whole way of the proc- not to accept any future complaint filed by fashion that earns their trust. ess, that is where a lot of the people that same person and the complainant may This is a sensible, strong effort to as- be required to pay for the costs of the office are going to inevitably end up. sure the people who are good enough to I know many of my colleagues in the resulting from the complaint. send us to Washington that we are not Senate will say the House has a prob- This is meant to be independent, but only adopting reforms in our lobbying lem, not the Senate. I would say a cou- it is also meant to be fair and to pro- regulations and laws and our ethics ple of things to that. First, we all suf- tect Members from the political abuse regulations and laws, but we are taking fer when any Member of Congress acts of the process we are creating. There is strong action to make sure those re- unethically and Congress seems not to not publicity on this until some judg- forms are well enforced, as they should be responding independently and ag- ment is made, so that the prospects for and must be if we are to restore the gressively. Who is to say the process misuse in a political context, in my public’s confidence in our work. This is we have for judging our own ethical opinion, are actually less under this an important amendment. It deserves a problems will not someday soon also be proposal of ours than they are in the vote. I appeal to my colleagues and seen by the public as having a problem. current system. leaders to give it that. The public does not care whether the This Office of Public Integrity I yield the floor. scandal occurred in the House or the assures the American people that each The PRESIDING OFFICER. Under Senate. To the public, Congress is Con- ethics case is examined by this inde- the previous order, the time between gress. We all swim together or we all pendent entity. But the Ethics Com- 4:30 and 5:30 shall be evenly divided be- sink together. mittee would in no way lose its author- tween and controlled by the two lead- The fact is, under the status quo of ity to be the ultimate judge of whether ers or their designees. enforcement in the Senate, the Ethics a violation has occurred because that Mr. CHAMBLISS. I suggest the ab- Committee, composed of Members of is the authority it has, pursuant to the sence of a quorum. the Senate, investigate, recommend, Constitutional provision that Members The PRESIDING OFFICER. The and decide on judgment. We need to of each Chamber shall regulate their clerk will call the roll. break that and create an independent own behavior. The assistant legislative clerk pro- part of the process, which is exactly It is an interesting fact that the Eth- ceeded to call the roll. what our amendment would do, to con- ics Committee itself has occasionally Mr. DURBIN. Mr. President, I ask duct the investigation and recommend retained independent counsel to inves- unanimous consent that the order for an action. tigate ethics complaints that come be- the quorum call be rescinded. There has been a lot of concern fore it. This, in part, I know, is a re- The PRESIDING OFFICER. Without among Members about this amend- flection of the committee’s concern objection, it is so ordered.

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.044 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S563 Mr. DURBIN. Mr. President, I ask tity, one specific company, or a few, a committee. We will be working with unanimous consent the previous handful, we want those tax earmarks the Committee on Finance, which is quorum call and remaining quorum to be treated with the same disclosure our Senate committee responsible for calls before the vote at 5:30 be equally requirements as the earmarks in appro- tax provisions, to make sure they un- divided against the time on both sides. priations. derstand what our intention will be The PRESIDING OFFICER. Without The DeMint amendment defined a and take any advice they have to offer objection, it is so ordered. limited tax benefit as a revenue-losing that will help us come up with better Mr. DURBIN. Mr. President, at 5:30 provision that provides tax benefits to language. the Senate will be voting on my sec- 10 or fewer beneficiaries or contains I am pleased with this bipartisan so- ond-degree amendment to an amend- eligibility criteria that are not the lution to the concerns that several ment offered by the Senator from same for other potential beneficiaries. Senators had with the original DeMint South Carolina, Mr. DEMINT. I thank That is his original language. earmark amendment. If the second-de- the Senator from South Carolina for I have thought that the number 10 gree amendment is agreed to, we will working with Senator REID and myself was the problematic element in his ap- have a positive vote in passing this to craft a strong provision to deal with proach. I don’t know where the number amendment. I believe it reflects the in- earmark reform. 10 came from. I think it might have tent of all on both sides of the aisle to One of the concerns many had about been in an earlier House version, but I make sure there is more disclosure. the underlying DeMint earmark reform think the language we replace it with Mr. President, I yield the floor. was that we did not think the language makes more sense. The PRESIDING OFFICER. The Sen- was strong enough when it came to tax We define ‘‘limited tax benefit’’ as ator from West Virginia. provisions. There were provisions in any revenue provision that provides a Mr. BYRD. Mr. President, may I ask appropriations bills which direct Federal tax deduction, credit, exclu- the distinguished Senator from Illinois money to entities. They can be private sion, or preference to a particular bene- if there is any additional time I might entities or public entities, they could ficiary or limited group of bene- utilize? be State governments, local govern- ficiaries. Our definition is more expan- Mr. DURBIN. Mr. President, it is my ments, any number of different types of sive, would cover more tax earmarks, understanding that the time has been governmental units, as well as private would require more disclosure, more equally divided prior to voting at 5:30. entities. transparency, more accountability. I I have used a portion of it here, and I For example, I have directed money think that was the goal of Senator ask the Parliamentarian how much in the Defense appropriations bill to DEMINT’s amendment. time is remaining? two firms in Illinois that are doing It is my understanding that he is The PRESIDING OFFICER. The ma- breakthrough research on a variety of going to accept my second-degree jority has 14 minutes remaining. things of importance to the Depart- amendment which is going to tighten Mr. DURBIN. Mr. President, I, of ment of Defense, so the actual firms this language when it comes to tax ear- course, yield all that time to the Sen- were named. That is the nature of an marks. ator from West Virginia. appropriations earmark. I, in my prac- Second, the Durbin amendment re- Mr. BYRD. Mr. President, I thank tice in the office, have been as trans- quires the earmark disclosure informa- the very distinguished Senator for his parent as possible. There is a race to tion be placed on the Internet in a characteristic courtesy. put out a press release as soon as it is searchable format for at least 48 hours James Madison reminds us, in Fed- done because I take great pride in what before consideration of the bills, reso- eralist No. 37, that: we support. lutions, or reports that contain the The genius of republican liberty seems to What we are trying to do is to put earmarks. The DeMint amendment did demand . . . not only that all power should into the rules of the Senate and the not have a similar provision. In the be derived from the people, but that those control of legislation in the Senate world of the Internet, we know that intrusted with it should be kept in depend- more transparency, more account- posting this information 48 hours be- ence on the people. . . . ability, so there is no question, so we fore the bill can be considered so that Let me say that again. James Madi- avoid any abuse such as led to some of the earmarks are known to all who son says, in Federalist No. 37, that the more embarrassing episodes in the care to look is the best way to make ‘‘The genius of republican liberty last Congress resulting in corruption sure there is transparency. So we have seems to demand . . . not only that all charges against lobbyists and Members added this 48-hour disclosure provision power should be derived from the peo- of Congress. before the consideration of a bill, reso- ple, but that those intrusted with it’’— The initial intent of Senator DEMINT lution, or report that contains either meaning that power—‘‘should be kept in his amendment was positive, to an appropriations or a tax earmark. In in dependence on the people. . . .’’ move toward more appropriations ear- that way, we have expanded the avail- To ensure that this quotation I have marks disclosure, but we felt that his ability of information for those who just stated by James Madison is so, it language, when it came to tax provi- follow the proceedings of the Senate. is the representatives of the people in sions, needed to be strengthened. There is more to be done. Senator Congress—including Robert C. Byrd Of course, one can benefit a company HARKIN of Iowa is not in the Senate and all other Senators here—who are by sending money for research. One can now, but he pointed out an element of entrusted with the power of the purse. also benefit a company by giving them the underlying bill that is problematic Now, listen to that. To ensure that a break in the Tax Code. Both are of when it comes to language on this tax this is so, it is the representatives of value to the company. They should be benefit provision. Senator HARKIN is the people in Congress who are en- treated the same when it comes to dis- right. Paragraph B in this bill is sub- trusted with the power of the purse. closure, transparency, and account- ject to misinterpretation. He has sug- ‘‘This power,’’ Madison writes, in ability. gested at some point—before the vote Federalist No. 58, ‘‘may, in fact, be re- The purpose of my second-degree or after—we have a colloquy to make it garded as the most complete and effec- amendment was to strengthen the lan- clear what our intent would be. I am tual weapon with which any constitu- guage of the earmark disclosure when going to join him in that. I am hoping tion can arm the immediate represent- it comes to that. We broadened the def- we can either clean up this paragraph atives of the people, for obtaining a re- inition of what is known as a limited B by way of amendment in the Senate, dress of every grievance, and for car- tax benefit. If we were to provide a cut if not in conference. We do not want rying into effect every just and salu- in the tax rate for all Americans in cer- any ambiguity when it comes to the tary measure.’’ tain income categories, that does not applicability of this provision as it re- We are Senators, the people’s rep- have a particular impact on an indi- lates to limited tax benefits. resentatives. We are here to look after vidual or a company. That is a general I have discussed this with Senator the interests of the people of our tax benefit. When we deal with limited DEMINT, and we will see if we can get States. In many cases, they are not tax benefits, they can be written in a this done in the Senate. If not, I hope well-to-do people. They cannot just way when they benefit one specific en- we can address it in the conference pick up a phone and call the White

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.053 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S564 CONGRESSIONAL RECORD — SENATE January 16, 2007 House. And, too often, the Federal bu- now. Earmarks can be found—yes; How much time do I have, Mr. Presi- reaucracy is an inaccessible morass. In where?—in the President’s budget re- dent? time of need—in drought or flood, when quests. How about that? Earmarks can The PRESIDING OFFICER (Mr. a bridge is near collapse, when safe be found in the President’s budget re- MENENDEZ). The majority’s time has drinking water is not available, when quests, and sometimes as part of the expired. health care services are endangered, budget reconciliation process. Mr. BYRD. I ask unanimous consent when a community is struggling, when There is no law, no rule, no universal to proceed as long as I require, and it worker safety is threatened—the peo- standard that even defines what an ear- won’t be too long. ple call on their representatives in mark is. And so I leave the determina- Mr. CHAMBLISS. Mr. President, I Congress. tion about the propriety and need for would say to the distinguished Senator Many times, we are the only ones an earmark, not with the political pun- from West Virginia through the Chair who are willing to listen. Get that. dits or the so-called watchdog groups that we have 30 minutes on our side, Many times, we are the only ones who or the news media or the unelected bu- and I have two speakers. I know Sen- are willing to listen, and the only reaucrats downtown, but where that ator MCCAIN and Senator DEMINT wish ones—hear me, again—who are willing determination rightfully belongs, to speak. I am not sure how long that to help. We, the people’s representa- where it rightfully belongs under the will take. Does the Senator have an tives, are armed by the Constitution Constitution, with the people, with the idea how much longer he will need, 5 with the power of the purse to ensure people of the United States. minutes, 10 minutes? that the Federal Government is respon- So hear me—hear me, everyone East, Mr. BYRD. I will try to finish in 10 sive to their—the people’s—needs. West, South, and North—when I say minutes. And so when I speak about congres- there is nothing inherently wrong with Mr. CHAMBLISS. I am happy to sional earmarks, I speak about a sub- an earmark. It is an explicit direction yield for an additional 10 minutes to ject that broaches the most serious of from the Congress—the people’s elected the other side. constitutional questions: Who—hear representatives; the Congress—about Mr. BYRD. Mr. President, I thank my me—who shall control expenditures how the Federal Government should generous and considerate friend. from the public treasuries, the unac- spend the people’s money—your money The process may not be flawless, but countable bureaucrats in the executive out there in the hills and mountains if public monies are spent unwisely or branch downtown—I do not speak ill of and prairies and the plains and valleys wastefully, at least the people have the them; they are responsible people—but of this country. I say again, it is an ex- means to know about it. Both the I say, the unaccountable bureaucrats plicit direction—talking about ear- House and Senate in open session must in the executive branch or the rep- marks—from the Congress about how agree on an earmark, and the president resentatives of the people? the Federal Government should spend has an opportunity to veto the measure Let me say that again. We, here in your money, the people’s money. that carries it. There is a record of de- the Senate, are armed by the Constitu- It is absolutely consistent with the bate, and a record of how each Member tion with the power of the purse—in Framers’ intentions. Dispute me, if you of Congress votes. A controversial item this body and the other body—to en- like. Challenge me, if you like, and is available for all to see and judge if sure that the Federal Government is challenge the Constitution of the not before, then certainly after it is en- responsive to their—the people’s— United States. It is codified in Article acted. Ultimately, Senators will have needs. I of the Constitution, giving the power to defend their votes on the floor of the And so when I speak about congres- of the purse to the representatives of Senate, or respond to the inquiries of sional earmarks, I speak about a sub- the people. the media, or stand before the elec- ject that broaches the most serious of We, the representatives of the people, torate and their constituency. The rep- constitutional questions: Who shall have an obligation to be good stewards resentatives of the people in Congress control expenditures from the public of the public treasury and to prevent are held accountable. treasuries, the unaccountable bureau- imprudent expenditures. That is our If the Congress does not specify how crats in the executive branch or the duty. We have an obligation to guard funds are to be spent, then the decision elected representatives of the people in against the corruption of any public of- falls to the executive branch—the so- the legislative branch? ficials who would sell their soul and called ‘‘experts’’ at bureaucratic agen- Earmarks are arguably the most the trust of their constituency in order cies to determine the priorities of this criticized and the least understood of to profit from an official act. That also Nation. In such cases, the American congressional practices. I know it is is our duty, and one not to be taken people may never know who is respon- easy to attack these congressional lightly. But let no person suggest that sible for a spending decision. The practices. Many of the most vocal crit- the Congress errs in using an earmark American people never know how a ics do not understand the purpose of to designate how the people’s money spending decision is made. They may the earmarks they criticize, nor do should be spent. never hear anything about it. In the they have any appreciation of their Let me say that again. Let no person executive bureaucracy, there is far less uses or benefits in the communities suggest that the Congress errs in using accountability to the people. that receive them. an earmark to designate how the peo- We ought to prefer that spending de- Let me say that again. Earmarks— ple’s money—your money out there, cisions be made in an open and public hear me, everybody; those from the your money; hear me, the people’s forum of debate, rather than ensconced States, I know they are always listen- money—should be spent. That is equal- within the hidden and unaccountable ing—earmarks are arguably the most ly our constitutional duty. It does not agencies of the executive branch. The criticized and the least understood of belong to the President. It does not be- fact that controversial earmarks are congressional practices. Many of the long to the unelected bureaucrats in being openly debated, and that several most vocal critics do not understand the executive branch. It belongs to the controversial earmarks were put before the purpose of the earmarks they criti- people through their elected represent- the voters last November, suggests cize, nor do they have any appreciation atives here in Congress. that the system works. Those en- of their uses, meaning the uses of ear- Well intentioned though they may trusted with power are being held ac- marks, or benefits in the communities be, the civil servants making budget countable to the people. that receive these earmarks. decisions in the executive agencies and So I say to Senators that we are Many people do not know that ear- offices of the Federal Government do treading some dangerous constitu- marks are not specific to appropria- not understand the communities that tional grounds with this bombast tions bills. For instance, earmarks can we—you and I, Mr. President, all of us against earmarks. I support, as I al- be found in revenue bills as tax benefits here—represent. ways have, making the budget and ap- for narrowly defined constituencies. They do not meet with the constitu- propriations process more transparent, Earmarks can be found in authoriza- encies. They do not know our States. but let their be no mistake that the tion bills that are wholly separate from They do not know our people. They do misguided cries to do away with ear- the appropriations process. Hear me not see what we see. marks has constitutional ramifications

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.046 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S565 about who controls the power of the pital in Washington, DC, even over- In past years, the Congress routinely purse. The White House recognizes coming a Presidential veto. That fund- failed to consider the annual appropria- this. The President is asking the Con- ing resulted in the construction of tions bills in a timely manner. When gress to reduce congressional ear- what is known as the Children’s Na- they were considered, they too often marks, leaving more spending deci- tional Medical Center. The hospital has took the form of massive omnibus bills sions to the White House and executive become a national and international that were forced upon the Senate with- branch. The President is asking for leader in neonatal and pediatric care. out the opportunity to amend—take it fewer limitations and more flexibility Since the hospital opened, over 5 mil- or leave it. Such practices encouraged in how the executive branch spends the lion children have received health care. the kinds of earmarking practices that people’s money. The President is even Last year, Children’s Hospital treated have been criticized in recent months. taking advantage of the current polit- over 340,000 young patients, and per- As chairman of the Senate Appropria- ical environment to ask for a line-item formed over 10,000 surgeries, saving and tions Committee, I, ROBERT C. BYRD, veto—God help us—a wholly unconsti- improving the lives of thousands of will endeavor to do all that I can to tutional grant of power invalidated young children. Is that wasteful spend- have the annual appropriations bills once before by the Supreme Court. If ing? considered in a timely manner. When so-called earmark reforms happen too In 1983, Congress earmarked funds for the fiscal year 2008 spending bills are quickly and with too little thought to a new emergency food and shelter pro- brought to the floor, I will do all that the constitutional ramifications, it gram. In 2005 alone, the program served I can to allow the Senate to work its could mark the beginnings of a dan- 35 million meals and provided 1.3 mil- will, and to open the spending decisions gerous aggrandizement of the execu- lion nights of lodging to the homeless. of the Congress to the American peo- tive in the legislative process, and I am Is that wasteful spending? ple. not for that. I am not willing to go In 1987, Congress earmarked funds for Senators take an oath to preserve the mapping of the human gene. This along with it. and protect the Constitution. Elimi- project became known as the Human In this rush to label earmarks as the nating waste and abuse in the Federal Genome Project. This research has lead source of our budgetary woes, and calls budget process is important, but pro- to completely new strategies for dis- to expand the budgetary authorities of tecting the character and design of the ease prevention and treatment. The the President, we—Members of the Constitution is absolutely essential. Human Genome Project has led to dis- Senate—should remember why deficits Let’s not lose our heads and subse- coveries of dramatic new methods of have soared to unprecedented levels. quently the safeguards of our rights identifying and treating breast, ovar- Senators will recall that the president and liberties as American citizens. ian, and colon cancers, saving many, has not exercised his current constitu- I yield the floor. tional authorities. He has not vetoed a many lives. Is this wasteful spending? The PRESIDING OFFICER. The Sen- In 1988 and 1995, Congress earmarked single spending or revenue bill. He has ator from Utah controls the remainder funds for the development of unmanned not submitted a single rescission pro- of the time. aerial vehicles. These efforts produced Mr. BENNETT. Mr. President, I un- posal under the Budget Act. the Predator and the Global Hawk, two What has wrought these ominous derstand the Senator from Illinois has of the most effective assets that have budget deficits are the administra- an action he wishes to take. I yield to been used in the global war on terror. tion’s grossly flawed and impossible him at this point. Is this wasteful spending? The PRESIDING OFFICER. The Sen- budget assumptions. In 2001, the Presi- No. Each of these earmarks was initi- ator from Illinois is recognized. dent inherited a $5.6 trillion, 10-year ated by Congress and produced lasting surplus. After 1 year operating under gains for the American people. AMENDMENT NO. 41 his fiscal policies, that surplus dis- There is no question that the ear- Mr. OBAMA. Mr. President, I ask appeared. We went from a surplus in marking process has grown to exces- unanimous consent that the pending the fiscal year 2001 of $128 billion to a sive levels in recent years. From 1994 amendment be set aside so that I may deficit in the fiscal year 2002 of $158 bil- to 2006, the funding that has been ear- call up amendment No. 41 and ask for lion, followed by the three largest defi- marked has nearly tripled. That is why its immediate consideration. cits in our Nation’s history in the fis- I have joined with House Appropria- The PRESIDING OFFICER. Is there cal years 2003, 2004, and 2005. The ad- tions Committee Chairman OBEY in objection? Without objection, it is so ministration’s excessive tax cuts added calling for a 1-year moratorium on ear- ordered. $3 trillion in budget deficits. The war marks in the fiscal year 2007 joint fund- The clerk will report. in Iraq, which I voted against, has re- ing resolution that will be before the The legislative clerk read as follows: quired the Congress to appropriate $379 Senate next month. That moratorium The Senator from Illinois [Mr. OBAMA] pro- billion, and another $100 billion request will give the Congress the time it needs poses an amendment numbered 41. will arrive from the President next to approve legislation that adds trans- Mr. OBAMA. Mr. President, I ask month. Rather than dealing with these parency to the process of earmarking unanimous consent that reading of the fiscal failures, too many would rather funds. amendment be dispensed with. propagate the specious argument that I support transparency and debate in The PRESIDING OFFICER. Without enlarging the president’s role in the the congressional budget and appro- objection, it is so ordered. budget process and doing away with priations process. I support the provi- The amendment is as follows: congressional earmarks will magically sions included in the ethics bill now (Purpose: To require lobbyists to disclose the reduce these foreboding and menacing pending before the Senate that would candidates, leadership PACs, or political deficits. It absolutely will not. provide a more accountable, above- parties for whom they collect or arrange Often, critics of congressional ear- board, and transparent process by re- contributions, and the aggregate amount of the contributions collected or arranged) marks assert that earmarks, by defini- quiring earmarks for non-Federal enti- tion, are wasteful spending. In the 1969 ties in all of their legislative forms—as Strike section 212 and insert the following: Agriculture Appropriations bill, Con- SEC. 212. QUARTERLY REPORTS ON OTHER CON- authorizing measures, as appropria- TRIBUTIONS. gress earmarked funds for a new pro- tions measures, as revenue measures— Section 5 of the Act (2 U.S.C. 1604) is gram to provide critical nutrition to to be disclosed—yes, let’s have it out in amended by adding at the end the following: low-income women, infants and chil- the open—along with their sponsors ‘‘(d) QUARTERLY REPORTS ON OTHER CON- dren. This program, which is now and essential government purpose, TRIBUTIONS.— known as the WIC program, has since prior to their consideration by the Sen- ‘‘(1) IN GENERAL.—Not later than 45 days provided nutritional assistance to over ate. If the sponsor is ROBERT C. BYRD, after the end of the quarterly period begin- 150 million women, infants and chil- let him show himself. Taxpayers, of ning on the 20th day of January, April, July, and October of each year, or on the first dren, a critical contribution to the West Virginia and the Nation ought to business day after the 20th if that day is not health of the nation. Is that wasteful know how and why spending decisions a business day, each registrant under para- spending? Is that wasteful spending? are made. That is why it is essential to graphs (1) or (2) of section 4(a), and each em- In the 1969 and 1970, Congress ear- ensure that these spending decisions ployee who is listed as a lobbyist on a cur- marked $25 million for a children’s hos- remain in the Congress. rent registration or report filed under this

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.048 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S566 CONGRESSIONAL RECORD — SENATE January 16, 2007 Act, shall file a report with the Secretary of tive branch officials or covered executive To make it very plain, this amend- the Senate and the Clerk of the House of branch officials; ment simply says that all registered Representatives containing— ‘‘(H) the date, recipient, and amount of any Federal lobbyists would have to dis- ‘‘(A) the name of the registrant or lob- gift (that under the standing rules of the close not only the contributions they byist; House of Representatives or Senate counts ‘‘(B) the employer of the lobbyist or the towards the $100 cumulative annual limit de- make but also the contributions they names of all political committees estab- scribed in such rules) valued in excess of $20 have solicited and bundled. It applies lished or administered by the registrant; given by the lobbyist, the registrant, or a po- only to registered lobbyists. It has ‘‘(C) the name of each Federal candidate or litical committee established or adminis- strong support on a bipartisan and bi- officeholder, leadership PAC, or political tered by the registrant to a covered legisla- cameral basis. I hope we can have this party committee, to whom aggregate con- tive branch official or covered executive amendment agreed to. I think it will tributions equal to or exceeding $200 were branch official; and make a strong bill that much stronger. made by the lobbyist, the registrant, or a po- ‘‘(I) the name of each Presidential library With that, I appreciate the time litical committee established or adminis- foundation and Presidential inaugural com- tered by the registrant within the calendar mittee, to whom contributions equal to or given to me by the Senator from Utah. year, and the date and amount of each con- exceeding $200 were made by the lobbyist, I look forward to the vote. tribution made within the quarter; the registrant, or a political committee es- The PRESIDING OFFICER. The Sen- ‘‘(D) the name of each Federal candidate or tablished or administered by the registrant ator from Utah is recognized. officeholder, leadership PAC, or political within the calendar year, and the date and Mr. BENNETT. Mr. President, I sug- party committee for whom a fundraising amount of each such contribution within the gest the absence of a quorum. event was hosted, co-hosted, or sponsored by quarter. The PRESIDING OFFICER. The the lobbyist, the registrant, or a political ‘‘(2) RULES OF CONSTRUCTION.— committee established or administered by clerk will call the roll. ‘‘(A) IN GENERAL.—For purposes of this sub- The legislative clerk proceeded to the registrant within the quarter, and the section, contributions, donations, or other date, location, and total amount (or good funds— call the roll. faith estimate thereof) raised at such event; ‘‘(i) are ‘collected’ by a lobbyist where Mr. NELSON of Nebraska. Mr. Presi- ‘‘(E) the name of each Federal candidate or funds donated by a person other than the dent, I ask unanimous consent that the officeholder, leadership PAC, or political lobbyist are received by the lobbyist for, or order for the quorum call be rescinded. party committee for whom aggregate con- forwarded by the lobbyist to, a Federal can- The PRESIDING OFFICER. Without tributions equal to or exceeding $200 were didate or other recipient; and objection, it is so ordered. collected or arranged within the calendar ‘‘(ii) are ‘arranged’ by a lobbyist— AMENDMENT NO. 71 year, and to the extent known the aggregate ‘‘(I) where there is a formal or informal amount of such contributions (or a good agreement, understanding, or arrangement Mr. NELSON of Nebraska. Mr. Presi- faith estimate thereof) within the quarter between the lobbyist and a Federal candidate dent, I ask unanimous consent that the for each recipient; or other recipient that such contributions, pending amendment be laid aside and ‘‘(F) the name of each covered legislative donations, or other funds will be or have that I may call up my amendment No. branch official or covered executive branch been credited or attributed by the Federal official for whom the lobbyist, the reg- 71. candidate or other recipient in records, des- istrant, or a political committee established The PRESIDING OFFICER. Without ignations, or formal or informal recognitions or administered by the registrant provided, objection, it is so ordered. as having been raised, solicited, or directed or directed or caused to be provided, any The clerk will report. by the lobbyist; or payment or reimbursements for travel and ‘‘(II) where the lobbyist has actual knowl- The legislative clerk read as follows: related expenses in connection with the du- edge that the Federal candidate or other re- The Senator from Nebraska [Mr. NELSON], ties of such covered official, including for cipient is aware that the contributions, do- for himself and Mr. SALAZAR, proposes an each such official— nations, or other funds were solicited, ar- amendment numbered 71. ‘‘(i) an itemization of the payments or re- imbursements provided to finance the travel ranged, or directed by the lobbyist. Mr. NELSON of Nebraska. Mr. Presi- and related expenses, and to whom the pay- ‘‘(B) CLARIFICATIONS.—For the purposes of dent, I ask unanimous consent that ments or reimbursements were made with this paragraph— reading of the amendment be dispensed the express or implied understanding or ‘‘(i) the term ‘lobbyist’ shall include a lob- with. byist, registrant, or political committee es- agreement that such funds will be used for The PRESIDING OFFICER. Without travel and related expenses; tablished or administered by the registrant; and objection, it is so ordered. ‘‘(ii) the purpose and final itinerary of the The amendment is as follows: trip, including a description of all meetings, ‘‘(ii) the term ‘Federal candidate or other tours, events, and outings attended; recipient’ shall include a Federal candidate, (Purpose: To extend the laws and rules ‘‘(iii) whether the registrant or lobbyist Federal officeholder, leadership PAC, or po- passed in this bill to the executive and ju- traveled on any such travel; litical party committee. dicial branches of government) ‘‘(iv) the identity of the listed sponsor or ‘‘(3) DEFINITIONS.—In this subsection, the At the appropriate place, insert the fol- sponsors of such travel; and following definitions shall apply: lowing: ‘‘(A) GIFT.—The term ‘gift’— ‘‘(v) the identity of any person or entity, SEC. ll. EQUAL APPLICATION OF ETHICS other than the listed sponsor or sponsors of ‘‘(i) means a gratuity, favor, discount, en- RULES TO EXECUTIVE AND JUDICI- the travel, who directly or indirectly pro- tertainment, hospitality, loan, forbearance, ARY. vided for payment of travel and related ex- or other item having monetary value; and (a) GIFT AND TRAVEL BANS.— penses at the request or suggestion of the ‘‘(ii) includes, whether provided in kind, by (1) IN GENERAL.—The gift and travel bans lobbyist, the registrant, or a political com- purchase of a ticket, payment in advance, or that become the rules of the Senate and law mittee established or administered by the reimbursement after the expense has been upon enactment of this Act, shall be the registrant; incurred— minimum standards employed for any person ‘‘(G) the date, recipient, and amount of ‘‘(I) gifts of services; described in paragraph (2). funds contributed, disbursed, or arranged (or ‘‘(II) training; (2) APPLICABILITY.—A person described in a good faith estimate thereof) by the lob- ‘‘(III) transportation; and this paragraph is the following: byist, the registrant, or a political com- ‘‘(IV) lodging and meals. (A) SENIOR EXECUTIVE PERSONNEL.—A per- mittee established or administered by the ‘‘(B) LEADERSHIP PAC.—The term ‘leader- son— registrant— ship PAC’ means with respect to an indi- (i) employed at a rate of pay specified in or ‘‘(i) to pay the cost of an event to honor or vidual holding Federal office, an unauthor- fixed according to subchapter II of chapter 53 recognize a covered legislative branch offi- ized political committee which is associated of title 5, United States Code; cial or covered executive branch official; with an individual holding Federal office, ex- (ii) employed in a position which is not re- ‘‘(ii) to, or on behalf of, an entity that is cept that such term shall not apply in the ferred to in clause (i) and for which that per- named for a covered legislative branch offi- case of a political committee of a political son is paid at a rate of basic pay which is cial, or to a person or entity in recognition party.’’. equal to or greater than 86.5 percent of the of such official; Mr. OBAMA. Mr. President, this is a rate of basic pay for level II of the Executive ‘‘(iii) to an entity established, financed, supplement to what I already think is Schedule, or, for a period of 2 years following maintained, or controlled by a covered legis- an excellent bill that has been pre- the enactment of the National Defense Au- lative branch official or covered executive sented by the two leaders to try to im- thorization Act for Fiscal Year 2004, a person branch official, or an entity designated by who, on the day prior to the enactment of such official; or prove our processes and provide more that Act, was employed in a position which ‘‘(iv) to pay the costs of a meeting, retreat, transparency and accountability in is not referred to in clause (i) and for which conference, or other similar event held by, or how lobbyists interact and how we con- the rate of basic pay, exclusive of any local- for the benefit of, 1 or more covered legisla- duct ourselves in an ethical fashion. ity-based pay adjustment under section 5304

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.035 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S567 or section 5304a of title 5, United States by the Abramoff scandal and other mis- Mr. DEMINT. Yes. I ask unanimous Code, was equal to or greater than the rate deeds. With the underlying bill, Con- consent to speak. I apologize, Mr. of basic pay payable for level 5 of the Senior gress has shown it is taking seriously President. I am getting ahead of myself Executive Service on the day prior to the en- today. I thank the Parliamentarian. actment of that Act; its responsibility to the American peo- (iii) appointed by the President to a posi- ple its responsibility to set rules for be- Am I free to speak at this point? tion under section 105(a)(2)(B) of title 3, havior by Members and staff that The PRESIDING OFFICER. The Sen- United States Code or by the Vice President aren’t just words on a page in a dusty ator is recognized. to a position under section 106(a)(1)(B) of ethics manual. AMENDMENTS NOS. 44, AS MODIFIED AND 11 title 3, United States Code; or I applaud the effort that has gone Mr. DEMINT. Mr. President, we are (iv) employed in a position which is held by into ethics reform. It has been a good getting ready to vote on a couple of an active duty commissioned officer of the debate. There is one point that I dis- amendments. One is Senator DURBIN’s uniformed services who is serving in a grade which I believe improves the under- or rank for which the pay grade (as specified cussed last year—- as early as the in section 201 of title 37, United States Code) Rules Committee markup—- that I feel lying amendment, which is my amend- is pay grade O-7 or above. needs to again be part of the debate ment No. 11. I thank Senator REID and (B) VERY SENIOR EXECUTIVE PERSONNEL.—A this year. Last year I offered a sense- Senator DURBIN and a number of Mem- person described in section 207(d)(1) of title of-the-Senate amendment to make bers on the Democratic side who 18, United States Code. many of the reforms we have consid- worked with us to perfect this amend- (C) SENIOR MEMBERS OF JUDICIAL BRANCH.— ered throughout this ethics debate ment in a way that will be good for the A senior member of the judicial branch, as apply to all branches of government. I country and will be much more trans- defined by the Judicial Conference of the parent in how we do business. I have United States. am pleased that this sense of the Sen- (b) STAFF LOBBYING.— ate was accepted and is included in the asked to be a cosponsor of Senator (1) IN GENERAL.—Section 207(c)(2)(A) of underlying bill. DURBIN’s amendment, which will come title 18, United States Code, is amended by Today I have filed and proposed up before mine. I again encourage all striking clauses (i) through (v) and inserting amendment No. 71, which builds on the my Republican and Democratic col- the following: principle behind this sense of the Sen- leagues to support Senator DURBIN’s ‘‘(i) employed by any department or agen- amendment, as well as the underlying cy of the executive branch; or ate that the standards employed in this ‘‘(ii) assigned from a private sector organi- bill should be the minimum standards amendment. zation to an agency under chapter 37 of title that guide the other branches of Gov- I remind my colleagues, I think these 5.’’. ernment. The revolving door isn’t just two amendments focus on the most (2) CONFORMING AMENDMENT.—Section on the front of the U.S. Capitol. It egregious problem with this whole idea 207(c)(2)(C) of title 18, United States Code, is spins freely in the executive branch—in of ethics and lobbying reform. It makes amended— every Federal agency in Washington. all of the earmarks, all of the des- (A) by redesignating clauses (i) and (ii) as My amendment has three parts: ignated spending—some folks refer to subclauses (I) and (II), respectively; this as specific favors for interest (B) by inserting ‘‘(i)’’ before ‘‘At the re- The first provision says the gift and travel quest’’; bans of this bill should be the minimum groups—everything we do to designate (C) by striking ‘‘referred to in clause (ii) or standards employed by the executive and ju- funds in a particular direction, it just (iv) of subparagraph (A)’’ and inserting ‘‘de- dicial branches. The second provision ex- requires us to disclose these, to dis- scribed in clause (ii)’’; and tends the Senate’s 1-year ban on lobbying by close them in a way that the American (D) by adding at the end the following: former staff to the executive branch. The people can see, can find them on the ‘‘(ii) A position described in this clause is third provision extends the Senate’s negoti- ating of future employment provisions to the Internet, and can determine for them- any position— selves if this is a good way to spend ‘‘(I) where— executive branch as well. their taxpayers’ dollars. We believe, as ‘‘(aa) the person is not employed at a rate I believe in disclosure, transparency of pay specified in or fixed according to sub- and restoring integrity to our govern- I think the American people do, that if chapter II of chapter 53 of title 5; and ment. The question here isn’t whether it is clear what we are doing while we ‘‘(bb) for which that person is paid at a reforms are needed, they are. But we are doing it and who is doing it, it will, rate of basic pay which is equal to or greater need to make sure we are imple- first of all, limit unnecessary earmarks than 86.5 percent of the rate of basic pay for and unnecessary Federal spending, but level II of the Executive Schedule, or, for a menting the right reforms. Any re- forms need to apply to all branches of it will also create a lot more account- period of 2 years following the enactment of ability for this designated spending the National Defense Authorization Act for government if we are to begin the proc- which we do attach to bills. Fiscal Year 2004, a person who, on the day ess of rebuilding trust between the gov- I thank my Democratic colleagues prior to the enactment of that Act, was em- ernment and the people. for working constructively with us. We ployed in a position which is not referred to Mr. President, I think the underlying made progress and created a better bill. in clause (i) and for which the rate of basic bill is incomplete without my amend- I encourage all of my colleagues to pay, exclusive of any locality-based pay ad- ment, and I urge my colleagues to justment under section 5304 or section 5304a vote for both of the amendments to- of title 5, was equal to or greater than the adopt it. I yield the floor. night. rate of basic pay payable for level 5 of the I yield the floor. Senior Executive Service on the day prior to Mr. President, I suggest the absence LIMITED TAX BENEFITS the enactment of that Act; or of a quorum. ‘‘(II) which is held by an active duty com- The PRESIDING OFFICER. The Mr. HARKIN. Mr. President, I am missioned officer of the uniformed services clerk will call the roll. concerned about a possible misunder- who is serving in a grade or rank for which The legislative clerk proceeded to standing of the intent of the language the pay grade (as specified in section 201 of call the roll. in the proposed Senate rule XLIV con- title 37) is pay grade O-7 or above.’’. Mr. DEMINT. Mr. President, I ask cerning earmarks. My specific concern (c) SENIOR EXECUTIVE STAFF EMPLOYMENT unanimous consent that the order for goes to the definition in the proposal NEGOTIATIONS.—Senior and very senior Exec- concerning ‘‘limited tax benefits.’’ The utive personnel shall not directly negotiate the quorum call be rescinded. or have any arrangement concerning pro- The PRESIDING OFFICER. Without definition contains two parts. The first spective private employment while employed objection, it is so ordered. is a two-part test that provides that in that position unless that employee files a Mr. DEMINT. Mr. President, I would limited tax benefit is one that ‘‘pro- signed statement with the Office of Govern- like to make a few comments about a vides a Federal tax deduction, credit, ment Ethics for public disclosure regarding couple of amendments on which we are exclusion, or preference to a particular such negotiations or arrangements within 3 getting ready to vote. One is mine, and beneficiary or limited group of bene- business days after the commencement of ficiaries under the Internal Revenue such negotiation or arrangement, including one is an amendment to my amend- the name of the private entity or entities in- ment by Senator DURBIN. Code of 1986, and (B) contain eligibility volved in such negotiations or arrangements, The PRESIDING OFFICER. Is the criteria that are uniform in application the date such negotiations or arrangements Senator seeking unanimous consent to with respect to potential beneficiaries commenced. speak? There is an order presently to of such provision’’. The key here is the Mr. NELSON of Nebraska. Mr. Presi- vote at this time. Is the Senator seek- word ‘‘and’’ after 1986. The second part dent, last year, Washington was rocked ing unanimous consent? simply provides that if this test is not

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.036 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S568 CONGRESSIONAL RECORD — SENATE January 16, 2007 met, that only a tax that benefits a and defines a ‘‘limited tax benefit’’ as NOT VOTING—2 single entity is a ‘‘limited tax benefit.’’ ‘‘any revenue provision that provides a Conrad Johnson I am told that there are some who Federal tax deduction, credit, exclu- might define ‘‘potential beneficiaries’’ sion, or preference to a particular bene- The amendment (No. 44), as modified, to only include a variation in the ficiary or limited group of bene- was agreed to. treatment of the class covered by the ficiaries’’. This is stronger language—a Mr. WYDEN. I move to reconsider amendment. This would not be logical. limited group can be far more than 10. the vote. My perception, prior to our voting, is The Durbin second-degree amend- Mr. HARKIN. I move to lay that mo- that the intent of those two words ‘‘po- ment also requires that the earmark tion on the table. tential beneficiaries’’ means a category disclosure information be placed on the The motion to lay on the table was or class of taxpayers impacted by the internet in searchable format for at agreed to. tax provision. In other words, if the least 48 hours before consideration of AMENDMENT NO. 11, AS AMENDED Senate was considering the modifica- the bills containing earmarks. The The PRESIDING OFFICER. The tion of the alternative minimum tax to DeMint amendment did not previously question is on agreeing to amendment not include a specific tax provision in have a similar provision. No. 11, as amended. the code as counting as income under In summary, the Durbin language Mr. DEMINT. I ask for the yeas and the AMT, that would not be considered has improved this amendment which nays. a limited tax benefit, because it would will now increase the transparency of The PRESIDING OFFICER. Is there a impact all of the potential bene- earmarks contained in conference re- sufficient second? There appears to be ficiaries equally. On the other hand, if port language, as well as include dis- a sufficient second. The clerk will call one was considering a provision that closure of tax provisions that benefit the roll. went into the code and said that we limited groups of beneficiaries. The assistant legislative clerk called the roll. should not count that class of income The PRESIDING OFFICER. Under Mr. DURBIN. I announce that the as AMT income as applied to X or Y, the previous order, the hour of 5:30 p.m. Senator from North Dakota (Mr. that would not be treating everyone in having arrived, the Senate will proceed CONRAD) and the Senator from South the class the same. In the latter case, to a vote on or in relation to amend- Dakota (Mr. JOHNSON) are necessarily we would be triggering subsection ‘‘B,’’ ment No. 44, as modified, offered by the because there was not uniform treat- absent. Senator from Illinois, Mr. DURBIN. ment of all potential beneficiaries of The PRESIDING OFFICER. Are there Mrs. FEINSTEIN. I ask for the yeas the break. And accordingly, if the num- any other Senators in the Chamber de- and nays. ber impacted in the second case was a siring to vote? ‘‘limited group of beneficiaries,’’ it The PRESIDING OFFICER. Is there a The result was announced—yeas 98, would be considered a limited tax ben- sufficient second? nays 0, as follows: efit. There appears to be a sufficient sec- [Rollcall Vote No. 11 Leg.] Mr. DURBIN. Mr. President, I believe ond. YEAS—98 that the Senator from Iowa has raised The question is on agreeing to Akaka Dorgan Menendez an important point. we need to clarify amendment No. 44, as modified. The Alexander Durbin Mikulski how the amendment applies to targeted clerk will call the roll. Allard Ensign Murkowski Baucus Enzi tax benefits. We would like the lan- The legislative clerk called the roll. Murray Bayh Feingold Nelson (FL) guage of the amendment to capture a Mr. DURBIN. I announce that the Bennett Feinstein Nelson (NE) wide variety of situations where a Senator from North Dakota (Mr. Biden Graham Obama Bingaman Grassley Pryor small number of taxpayers receive spe- CONRAD) and the Senator from South Bond Gregg cial treatment. I hope that we can Reed Dakota (Mr. JOHNSON) are necessarily Boxer Hagel Reid work with Senator DEMINT, the Senate absent. Brown Harkin Roberts Brownback Hatch Finance Committee, and any other in- Rockefeller The PRESIDING OFFICER. Are there Bunning Hutchison Salazar terested Senators to make appropriate any other Senators in the Chamber de- Burr Inhofe Sanders changes to this amendment during con- Byrd Inouye siring to vote? Schumer Cantwell Isakson ference, if not sooner, so that the lan- Sessions The result was announced—yeas 98, Cardin Kennedy guage is clear and the outcome in- nays 0, as follows: Carper Kerry Shelby creases transparency and account- Smith [Rollcall Vote No. 10 Leg.] Casey Klobuchar ability. Chambliss Kohl Snowe Mr. LEVIN. Mr. President, I will vote YEAS—98 Clinton Kyl Specter Coburn Landrieu Stabenow Akaka Dorgan Menendez in favor of the DeMint amendment as Cochran Lautenberg Stevens Alexander Durbin Mikulski amended by the Durbin amendment. Coleman Leahy Sununu Allard Ensign Murkowski Collins Levin Tester Last week, I voted to table the origi- Baucus Enzi Murray Corker Lieberman Thomas nal DeMint amendment because it Bayh Feingold Nelson (FL) Cornyn Lincoln Thune Bennett Feinstein would have stricken earmark reform Nelson (NE) Craig Lott Vitter Biden Graham language in the Reid-McConnell bipar- Obama Crapo Lugar Voinovich Bingaman Grassley Pryor DeMint Martinez Warner tisan substitute and replaced it with Bond Gregg Reed Dodd McCain Webb provisions which contain, among other Boxer Hagel Reid Dole McCaskill Whitehouse Brown Harkin things, a definition of earmarked tax Roberts Domenici McConnell Wyden Brownback Hatch Rockefeller benefits which is weaker than the Reid- Bunning Hutchison Salazar NOT VOTING—2 McConnell language. Burr Inhofe Sanders Byrd Inouye Conrad Johnson The DeMint amendment would have Schumer Cantwell Isakson defined a tax benefit as an earmark Sessions The amendment (No. 11), as amended, Cardin Kennedy only if it benefits 10 or fewer bene- Carper Kerry Shelby was agreed to. ficiaries. This would have left open a Casey Klobuchar Smith Mr. MENENDEZ. I move to recon- Chambliss Kohl Snowe sider the vote. loophole for earmarks which were Specter aimed at benefiting very small groups Clinton Kyl Mr. NELSON of Florida. I move to Coburn Landrieu Stabenow of people, even as few as 11. It would Cochran Lautenberg Stevens lay that motion on the table. have been relatively easy to cir- Coleman Leahy Sununu The motion to lay on the table was cumvent the DeMint language and the Collins Levin Tester agreed to. Corker Lieberman Thomas CLOTURE MOTION intent of the tax earmark language in Cornyn Lincoln Thune the bill. Craig Lott Vitter The PRESIDING OFFICER (Mr. The Durbin second-degree amend- Crapo Lugar Voinovich SALAZAR). Under the previous order ment which has been adopted removes DeMint Martinez Warner and pursuant to rule XXII, the clerk Dodd McCain Webb the limitation of ‘‘10 or fewer bene- Dole McCaskill Whitehouse will report the motion to invoke clo- ficiaries’’ from the DeMint amendment Domenici McConnell Wyden ture.

VerDate Aug 31 2005 01:44 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.042 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S569 The assistant legislative clerk read ment No. 37 that has been offered by steps, and I would like to focus on one as follows: the Senator from South Dakota to the of those positive developments. I sug- CLOTURE MOTION legislative and lobbying transparency gested in May 2004 that to increase We, the undersigned Senators, in accord- legislation, S. 1. transparency in grant awards, the EPA ance with the provisions of rule XXII of the The Federal Funding Accountability should develop a publicly accessible, Standing Rules of the Senate, do hereby and Transparency Act of 2006, which no-cost Web site with information on move to bring to a close debate on the Reid became law this past September 26, EPA’s grants and recipients. I sug- amendment No. 4 to Calendar No. 1, S. 1 2006, requires that the Office of Man- gested this Web site cover future grant Transparency in the Legislative Process. agement and Budget develop a single, recipients as well as grants awarded Harry Reid, , Joseph searchable, public Web site that pro- Lieberman, Tom Carper, Ken Salazar, over the past 10 years. I also provided vides information on all types of Fed- some examples of useful information to Robert Menendez, Patty Murray, Jon eral awards including Federal grants, Tester, Jack Reed, Joe Biden, Debbie include on the Web site such as the Stabenow, Daniel K. Akaka, Barbara sub grants, loans, contracts, coopera- grant recipient’s name, agency grant Mikulski, Benjamin L. Cardin, Dick tive agreements, and other forms of fi- number, Catalog of Federal Domestic Durbin, Ted Kennedy. nancial awards that entities, including Assistance number, the type of recipi- The PRESIDING OFFICER. The nonprofit organizations, receive from ent—governmental entity, nonprofit, the Federal Government. This Web site mandatory quorum has been waived. eductional institution, foreign recipi- is to be accessible to the public at no The question is, Is it the sense of the ent, etc.—the grant project location, cost and contains information such as Senate that debate on amendment No. beginning and ending project dates of the entity receiving the award, the 4, offered by the Senator from Nevada, grants, the amount of the grant, the amount, and the purpose. Mr. REID, be brought to a close? The Senate amendment No. 37, that has total cost of the project or cumulative yeas and nays are mandatory under been offered by the Senator from South amount of grants for the particular rule XXII. Dakota, Senator THUNE, builds upon project, the grant description or pur- The clerk will call the roll. the Federal Funding Accountability pose, the grant’s expected outcome, the The legislative clerk called the roll. and Transparency Act by requiring en- approving office or program within the Mr. DURBIN. I announce that the tities that receive Federal funding to agency, and the agency project officer Senator from North Dakota (Mr. publicly disclose those funds, disclose and awarding officers’ contact informa- CONRAD) and the Senator from South that entity’s political advocacy, and tion. Dakota (Mr. JOHNSON) are necessarily the amount spent on its political advo- Since that time, EPA has created absent. cacy. Under this amendment, political this new Web site with the most pub- Mr. LOTT. The following Senator advocacy includes influencing legisla- licly available information ever pro- was necessarily absent: the Senator tion, involvement in political cam- vided on EPA grants and recipients. from South Carolina (Mr. DEMINT). paigns, litigation with the Federal The EPA’s grant awards database may The PRESIDING OFFICER. Are there Government, and supporting other en- be easily found on the EPA’s Web site any other Senators in the Chamber de- tities that engage in these types of po- and has been available since 2004. siring to vote? litical advocacy. In his remarks upon I believe that placing this informa- The yeas and nays resulted—yeas 95, offering Senate amendment No. 37, the tion on the World Wide Web for anyone nays 2, as follows: Senator from South Dakota stated to access has greatly increased the [Rollcall Vote No. 12 Leg.] that his amendment will shed further transparency of the grants process YEAS—95 light on organizations that receive within the EPA and has required EPA Akaka Durbin Menendez Federal funding that are at the same to be more accountable for the types of Alexander Ensign Mikulski time also involved in advocacy on Fed- grants, recipients, and oversight of the Allard Enzi Murkowski eral issues. I could not agree more that grants awarded. Likewise, I believe Baucus Feingold Murray the transparency required in this Bayh Feinstein Nelson (FL) that placing information on the World Bennett Graham Obama amendment is necessary and that this Wide Web concerning the political, lob- Biden Grassley Pryor is something the American people Bingaman Gregg bying, and litigation activity of reg- Reed would like to see happen. ular recipients of Federal funds pro- Bond Hagel Reid For the past two Congresses, I have Boxer Harkin Roberts vides needed transparency that I be- Brown Hatch been the chairman of the U.S. Senate Rockefeller lieve the American people may be sur- Brownback Hutchison Salazar Environment and Public Works Com- Bunning Inhofe prised to see and may provide a tool for Sanders mittee. In that role, I designated Burr Inouye appropriate Federal agencies to use to Schumer Byrd Isakson grants management at the Environ- Sessions ensure that Federal dollars are not Cantwell Kennedy mental Protection Agency, EPA, as Shelby being misused for political purposes. Cardin Kerry one of the priority oversight areas of Carper Klobuchar Smith In many cases, when the Federal Snowe the committee. I began this oversight Casey Kohl Government awards a grant to a pri- Chambliss Kyl Specter by conducting a committee hearing Clinton Landrieu Stabenow where representatives from the EPA, vate organization, it is a nonprofit, Cochran Lautenberg Stevens EPA inspector general, the Govern- tax-exempt organization. The Internal Coleman Leahy Sununu Revenue Service has classified these Tester ment Accountability Office, and a pri- Collins Levin organizations as section 501(c)(3) chari- Corker Lieberman Thomas vate organization called Taxpayers for Cornyn Lincoln Thune Common Sense testified to severe defi- table organizations after that section Craig Lott Vitter ciencies in grants management at EPA of the Internal Revenue Code. However, Crapo Lugar Voinovich I have delivered remarks concerning Dodd Martinez Warner for at least the past 10 years and re- Dole McCain Webb gardless of Presidential administra- the political activities of recipients of Domenici McCaskill Whitehouse tion. In fact, the EPA inspector gen- Federal funds or their closely affiliated Dorgan McConnell Wyden eral’s testimony at that hearing fo- organizations. Some of these 501(c)(3) NAYS—2 cused on a nonprofit Federal grant re- organizations that regularly receive Coburn Nelson (NE) cipient that had received close to $5 Federal funds are often closely affili- ated with corresponding section NOT VOTING—3 million over 5 years in violation of the Lobbying Disclosure Act. The EPA has 501(c)(4) and 527 organizations and po- Conrad DeMint Johnson had a particularly bad habit of award- litical action committees all highly in- The PRESIDING OFFICER. On this ing large grants to special interest and volved in lobbying and political activi- vote, the yeas are 95, the nays are 2. partisan groups and, in many cases, ties every year and in each election Two-thirds of the Senators duly chosen with little oversight. However, this is a cycle. Although this article is dated, and sworn having voted in the affirma- problem that can plague all Federal one of the best articles that describes tive, the motion is agreed to. agencies and departments. this tangled web of political financing Mr. INHOFE. Mr. President, I am Since the beginning of this oversight, and advocacy was a Washington Post pleased to cosponsor Senate amend- EPA has taken a number of positive article from September 27, 2004, which I

VerDate Aug 31 2005 00:30 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JA6.058 S16JAPT1 hmoore on PROD1PC68 with HMSENATE S570 CONGRESSIONAL RECORD — SENATE January 16, 2007 will request to have printed in its en- con—Citizens United and Project Vote oper- disclosure requirements. But, based on inter- tirety at the conclusion of my re- ate under the radar of regulation and public views and an examination of available marks. This article contains a quote disclosure in what campaign finance expert records, it seems likely their total spending from a former Federal Election Com- Anthony Corrado of the Brookings Institu- will be from $70 million to $100 million this tion and Colby College described as ‘‘a real election cycle, with expenditures by pro-Re- mission official stating: black hole.’’ publican and pro-Democratic groups roughly In the wake of the ban on party-raised soft Known as 501c groups, for a statute in the equal. money, evidence is mounting that money is tax code, these tax-exempt advocacy and There are huge unknowns, however. For slithering through on other routes as organi- charitable organizations are conduits for a example, the U.S. Chamber of Commerce’s zations maintain various accounts, tripping steady stream of secretive cash flowing into Institute for Legal Reform, a 501c (6) busi- over each other, shifting money between the election, in many respects unaffected by ness organization, has an annual budget of 501(c)(3)’s, (c)(4)’s, and 527’s.... It’s big the McCain-Feingold legislation enacted in more than $40 million. The National Rifle money, and the pendulum has swung too far 2002. Unlike other political groups, 501c orga- Association, a 501c (4), has a budget of more in their direction. nizations are not governed by the Federal than $200 million, which the group’s chief ex- While I understand that Senate Election Commission but by the Internal ecutive, Wayne LaPierre Jr., can tap to in- amendment No. 37 does not reach into Revenue Service, which in a complex set of crease voter turnout among not only its 4 regulations delineates a range of allowable this tangled web of political and lob- million members but also the 14 percent of activities that are subject to minimal disclo- the electorate that has a ‘‘very favorable’’ bying financing to separate Federal sure long after Election Day. view of the NRA. funding from private dollars, this A 501c (3) group can register voters, and do- Equally difficult to track is the burst of amendment does make publicly avail- nations to it are tax deductible, but it is pro- money going to the network of hundreds of able on a single Web site information hibited from engaging in partisan or elec- generally liberal and pro-Democratic turn- on recipients of Federal awards and a tioneering work. A 501c (4), (5) or (6) group out operations, including Project Vote, the can be involved in elections, but the cost of NAACP Voter Education Fund and description of the political and lob- doing so must be less than one-half the bying activities in which those organi- USAction, none of which discloses its con- group’s total budget. Public Citizen, in a re- tributors. zations have been involved. This kind port last week titled ‘‘The New Stealth Some board members, consultants, lawyers of disclosure has begun the process of PACs,’’ contended that many of the politi- and staff members of many of these non- applying transparency and reform to cally active 501c (4) groups regularly spend partisan 501c organizations are, in fact, ac- grants management at the EPA and I more than half their budgets on political ac- tive partisans, separately working for cam- believe will also direct needed public tivities in violation of IRS rules. paigns, political parties and groups. IRS rules also stipulate that electioneering Perhaps no one better illustrates the host attention on the political and lobbying by 501c (4), (5) and (6) groups cannot be ‘‘ex- activities of organizations that regu- of interlocking roles than Carl Pope, one of press advocacy’’—that is, telling people to the most influential operatives on the Demo- larly receive taxpayer funding. vote for or against specific candidates. But cratic side in the 2004 election. As executive Mr. President, I ask unanimous con- such groups can run ads that address public director of the Sierra Club, a major 501c (4) sent that the article to which I referred issues such as immigration or taxes and that environmental lobby, Pope also controls the be printed in the RECORD. refer to the stands of candidates in ways that Sierra Club Voter Education Fund, a 527. The There being no objection, the mate- help or hurt them. Voter Education Fund 527 has raised $3.4 mil- In the 2004 campaign, these legal distinc- lion this election cycle, with $2.4 million of rial was ordered to be printed in the tions have translated into two specific roles that amount coming from the Sierra Club. A RECORD, as follows: for these groups. One is to mobilize voters third group, the Sierra Club PAC, has since [From the Washington Post, Sept. 27, 2004] for Election Day. The other is to articulate 1980 given $3.9 million to Democratic can- NEW ROUTES FOR MONEY TO SWAY VOTERS— criticism and orchestrate attacks that can- didates and $173,602 to GOP candidates. 501C GROUPS ESCAPE DISCLOSURE RULES didates and their parties may not want to These activities just touch the surface of (By Thomas B. Edsall and James V. launch themselves. That is the role assumed Pope’s political involvement. In 2002–03, Pope Grimaldi) by Citizens United, whose president, David helped found two major 527 groups: America In recent months, ads mocking Democratic N. Bossie, is no stranger to hardball conserv- Votes, which has raised $1.9 million to co- presidential nominee John F. Kerry have ative politics. ordinate the election activities of 32 liberal Asked whether he would provide the names been surfacing in battleground states and on groups, and America Coming Together of his donors, Bossie said, ‘‘No, we follow the national cable channels, paid for by a group (ACT), which has a goal of raising more than rules that are in place for 501c groups.’’ called Citizens United. The rapid emergence of 501c and 527 groups $100 million to mobilize voters to cast ballots In one television commercial playing off in this election cycle is a direct consequence against Bush. Finally, Pope is treasurer of a the MasterCard ‘‘Priceless’’ ads, the an- of the changes in political spending brought new 501c (3) foundation, America’s Families nouncer describes Kerry’s $75 haircuts, $250 about by McCain-Feingold. The groups have United, which reportedly has $15 million to designer shirts and $30 million worth of sum- essentially emerged to do what the law pre- distribute to voter mobilization groups. mer and winter homes. As a picture of Kerry vents parties from doing: They raise and ‘‘I am in this as deeply as I am,’’ Pope said, and Sen. Edward M. Kennedy (D-Mass.) ap- spend unlimited contributions of ‘‘soft ‘‘because I think this country is in real pears on screen, the announcer concludes: money’’ from corporations, unions and peril.’’ ‘‘Another rich, liberal elitist from Massachu- wealthy donors to influence federal elec- Although the McCain-Feingold law was setts who claims he’s a man of the people. tions. generally a boon for 501c groups, one provi- Priceless.’’ Kent Cooper, who has watched the intri- sion has tightened restrictions on the way The spot, more hard-edged than the ads cate ways money gets into the political sys- they spend their money. The law’s ban on run by the official Bush-Cheney ’04 cam- tem, first as chief of public records at the the use of corporate and union funds to fi- paign, is in the same provocative vein as the FEC and now as co-founder of nance issue ads in the final 60 days before controversial Swift Boat Veterans for Truth PoliticalMoneyLine, said there is a growing the general election has prompted such con- ads that have dominated much of the cam- need for more stringent regulation of 501c servative groups as Americans for Job Secu- paign since late August. There is one major groups. rity and the 60 Plus Association to move difference, however: The Swift Boat group In the wake of the ban on party-raised soft away from radio and television advertising must disclose who is paying for its ads; Citi- money, Cooper said, evidence is mounting and toward voter mobilization and non- zens United does not have to tell anybody that money ‘‘is slithering through on other broadcast advocacy, primarily through di- where it got its money or how it is spent. routes,’’ as organizations ‘‘maintain various rect mail, newspaper ads and the Internet. Neither does Project Vote, a group run by accounts, tripping over each other, shifting Although corporate-backed tax-exempt former Ohio Democratic Party chairman money between 501c (3)s, c (4)s and 527s. . . . groups are struggling to comply with David J. Leland that hopes to register 1.15 It’s big money, and the pendulum has swung McCain-Feingold, liberal, pro-Democratic million new voters in black, Hispanic and too far in their direction.’’ charitable and tax-exempt organizations are poor white communities. Nor do two major Until 2000, neither 527s nor 501c organiza- concentrating much of their time, money voter registration and turnout projects tions were required to list donors or account and effort on voter registration and turnout. called ‘‘I Vote Values’’ and ‘‘The Battle for for expenditures. Sen. John McCain (R– These activities do not fall under the 60-day Marriage,’’ backed by some of the largest or- Ariz.), angered at smears aimed at his presi- broadcasting ban and can be structured as ganizations on the religious right that are dential campaign by a 527 group, succeeded nonpartisan work eligible for tax-deductible coordinating a drive to register millions of that year in passing legislation requiring the support. evangelical Christians. IRS to report the spending activities of 527s For many groups doing voter mobilization, Unlike the campaigns of President Bush throughout the election cycle. That left the it is crucial to have a 501c (3) group to tap and Kerry, the two major parties, political 501c organizations as the only groups with into what has become a multimillion-dollar action committees and the Swift Boat Vet- virtually no disclosure requirements. commitment by a host of liberal foundations erans—one of the ‘‘527’’ advocacy groups that To arrive at a total expenditure figure for and wealthy individuals to increase turnout have become part of the 2004 campaign lexi- 501c groups is impossible, given their non- among minorities and poor people.

VerDate Aug 31 2005 03:12 Jan 17, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JA6.044 S16JAPT1 hmoore on PROD1PC68 with HMSENATE January 16, 2007 CONGRESSIONAL RECORD — SENATE S571 Among the foundations investing substan- In Chicago, such a wake is being held nearly cost Tom Lyons his political ca- tially in voter registration and turnout pro- for a good and courageous man. reer four decades ago. grams likely to benefit Democrats are the Thomas G. Lyons died last Friday at In 1963, the year before Tom Lyons Proteus Fund, which, in addition to direct the age of 75 after a months-long strug- was elected to the Illinois State Sen- grants, set up the Voter Engagement Donor gle against serious illness. ate, the Chicago City Council passed an Network in 2003 as an information service to 130 other foundations and individual donors; Mr. Lyons served for the last 17 years ordinance banning restrictive cov- the Pew Charitable Trusts; and America’s as chairman of the Cook County Demo- enants and other discriminatory real Families United, which was created in 2003 cratic Party. That was only one small estate practices that were used to to channel about $15 million to voter reg- chapter in an otherwise long, inter- maintain racial segregation in Chi- istration and turnout groups. Most of these esting and amazing life story. cago. But the ordinance was routinely foundations voluntarily identify the groups As a young man, he served as an ignored. to which they make grants on their Web Army Ranger and a Chicago police offi- In January 1966, Dr. Martin Luther sites. cer. King, Jr. moved to what he called a One of the best-funded organizations is In 1957, he earned a law degree and ‘‘slum apartment’’ on the West Side of Project Vote, a 501c (3) group that has an $18 spent the next several years working Chicago. That summer, he held a series million fundraising goal and had raised, as of of ‘‘open housing’’ marches in all-White early September, $13.2 million in tax-deduct- first in the Cook County assessor’s of- ible contributions. Similar work in reg- fice, and then in the Illinois Attorneys neighborhoods in the city and suburbs. istering and turning out urban voters, espe- General office. The demonstrations produced a furor cially minorities, is being conducted by In 1964, a time of great change, Tom and focused national and international USAction Education Fund, the 501c (3) arm Lyons was elected to represent north- attention on the problem of housing of USAction. Board members for America’s west Chicago in the Illinois General discrimination, not just in Chicago, Families United include not only Pope, but Assembly. but in America. also Dennis Rivera, president of New York The following year, he was tapped to By fall, the issue of housing discrimi- Local 1199 of the Service Employees Inter- serve in the leadership of a State com- nation became the most volatile issue national Union and a major figure in Demo- of the campaign. It helped defeat one of cratic politics, and William Lynch Jr., who mission studying the need for a new Il- linois State constitution. He later the most courageous men who ever served as board secretary until he recently served in this Senate, a man Dr. King became deputy manager of the Kerry cam- served as vice president of the conven- paign. tion that drafted Illinois’s current called ‘‘the greatest of all senators,’’ The close connection between partisan ac- State constitution. my mentor, Paul Douglas. tivists and 501c groups is equally clear The preamble to that document lays Family and friends warned Tom among conservative groups. Benjamin L. out a series of high and noble aims of Lyons that his support for a State fair Ginsberg has been a lawyer for the Bush government. It reads, and I quote: housing law that year could cost him campaign, the Republican National Com- his seat in the General Assembly. But We, the people of the state of Illinois— mittee, Progress for America and the Swift grateful to Almighty God for the civil, polit- he voted for the bill anyway—and lost Boat Veterans (both 527s) and Americans for ical and religious liberty which He has per- his re-election bid. Job Security, a 501c (4). Ginsberg was forced mitted us to enjoy and seeking his blessings Having lost, he didn’t give up. He to resign as chief outside counsel to the Bush upon our endeavors—in order to provide for won his seat back 4 years later. campaign during a controversy over his si- the health, safety and welfare of the people; Chicago politics is famously rough multaneous involvement with the Swift Boat maintain a representative and orderly gov- and tumble, but Tom Lyons was fa- group. But he is one of the few activists ernment; eliminate poverty and inequality; whose involvement in multiple groups has mous for trying to calm tempers and assure legal, social and economic justice; come under scrutiny. soothe old wounds by gathering people provide opportunity for the fullest develop- around the piano to sing great old Mr. BENNETT. Mr. President, I sug- ment of the individual; insure domestic tran- songs and World War II ballads. He gest the absence of a quorum. quility; provide for the common defense; and loved politics, not because of what it The PRESIDING OFFICER. The secure the blessings of freedom and liberty could do for him but what it allowed for ourselves and our posterity—do ordain clerk will call the roll. him to do for others. That is why his The assistant legislative clerk pro- and establish this constitution for the state of Illinois. wake this evening will be filled with ceeded to call the roll. sadness and with celebration and why Mr. SALAZAR. Mr. President, I ask Those same high and noble goals— ‘‘to provide for the health, safety and Tom Lyons will also be missed in Chi- unanimous consent that the order for cago and throughout our State. welfare of the people; . . . eliminate the quorum call be rescinded As a young attorney serving in the Il- The PRESIDING OFFICER (Mr. poverty and inequality; . . . assure linois State Legislature as parliamen- BROWN). Without objection, it is so or- legal, social and economic justice; . . . tarian for 14 years, I came to know a dered. and secure the blessings of freedom and lot of State senators. There remain liberty for ourselves and our pos- f many fine men and women who serve terity’’—were the standards to which in that body. I was learning my ear- MORNING BUSINESS Tom Lyons held himself in his public liest chapters of Illinois politics as I MR. SALAZAR. Mr. President, I ask service. watched them in action. A story in Sunday’s Chicago Sun unanimous consent that there now be a I remember Tom Lyons, a good legis- Times last Sunday says a lot about the period for morning business with Sen- lator, conscientious man, a man of kind of man he was. principle, with a great sense of humor, ators permitted to speak therein for up In the 1950s, Tom Lyons was a young to 10 minutes each. who would put an arm around your soldier on his way to Fort Benning, shoulder and say: Let’s go have a beer The PRESIDING OFFICER. Without GA. It was his first trip to the South. objection, it is so ordered. and sing a song. He was just that kind As he walked through a bus station, of guy. His life was a good life, a life of f he was shocked to see one restroom for public service and a life of giving to Whites and another for Blacks. His REMEMBERING THOMAS G. LYONS many others. I was lucky to be one of family said he decided to take a his friends and lucky to be one of the Mr. DURBIN. Mr. President, it is for- stand—and used the ‘‘colored’’ bath- beneficiaries of his good will. tuitous for the Presiding Officer to be room. I ask the Members of the Senate to presiding because I know of his back- His son Frank said: join me in extending our condolences ground, and I am speaking today of a He got into it with the local law enforce- to Tom’s wife Ruth; their sons, Thomas man who just passed away in Illinois ment. But he wanted to make a statement. and Frank; their daughters, Alexandra who is a great friend of mine. His name It’s who he was as a person. and Rachel; and Tom’s eight grand- is Tom Lyons, a former State senator His family and friends say it was that children. and chairman of the Democratic Party willingness to stand up for everyone— f of Cook County. If you have ever at- no matter their race, class or status— tended an Irish wake—and I bet you that best embodies Mr. Lyons’ legacy. INTERDICTION OF DRUG SUPPLY have—there is a passionate combina- It was also that willingness to treat Mr. NELSON of Florida. Mr. Presi- tion of sadness and celebration. everyone equally, with dignity, which dent, I just returned from a trip to

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