Mr. President, we have been trying to go back and forth. The last speaker was Senator Boxer. I think we have been trying to alternate back and forth. Mr. President, I am going to talk about the bill, and then I will yield back to Senator…
Mr. President, we have been trying to go back and forth. The last speaker was Senator Boxer. I think we have been trying to alternate back and forth.
Mr. President, I am going to talk about the bill, and then I will yield back to Senator Dodd to actually offer the amendment we are working on, was my intent. That was the plan.
Mr. President, I, too, rise to thank Senator Lott and Senator Dodd, as well as Senator Kyl and Senator Lieberman. They talked about how this process has been somewhat unique in the annals of recent Senate history and about how this process has worked now for the past month, a little over a month in a way that, as Senator Lott said, should be done more often around here, which is sitting down and having good, bipartisan discussions to try to come up with a consensus piece of legislation.
While obviously there will be lots of amendments, at least the foundation of this bill is one that included a lot of bipartisan input and, in fact, has features from both sides of the aisle and is as much a bipartisan bill, at least on a major bill, as has been brought to the floor in a long time. I thank the chairman and ranking member of the committees, in particular Senator McCain for his leadership on this issue, as well as others who participated in the bipartisan process, including Senator Feingold, Senator Pryor, Senator Obama, Senator Salazar, and others who have made contributions on the Democratic side; Senator Vitter, Senator Isakson on the Republican side, who have also been very involved in the process.
As a result of that process, we came up with a working document. I won't call it a consensus because there were Members who had varying points of view on a variety of these issues, but let's say that at the conclusion of our discussions we had a working draft that had broad support as a whole. At the same time, as you will see in the discussions and in the amendments we are going to have today, some wish to ratchet it up a little bit, make it a little tougher; others thought it might be a little too tough. But in the areas of concern, there was broad agreement on what those areas of concern are, and suggestions of approaches on how to deal with it.
I wish to go through the areas that we agreed needed to be addressed and what the general idea was in how to proceed with a lot of the things that are up here, which were foundational in the sense that we started with the McCain-Lieberman bill that Senator McCain and Senator Lieberman introduced a couple of months ago, and there was some tinkering to that legislation. Overall, the disclosure requirements in that legislation were universally embraced and adopted for disclosure of lobbyist contributions to Member PACs, and lobbyist disclosure of executive and congressional employment. All of those things were included, as well as others we have heard talked about on the floor.
Several things were not included: disclosure of contracts with State sponsors of terrorism. That is something I happen to believe should be included in the legislation, but so far we have had objections to that being included. I am not too sure I understand why but, nevertheless, it has not been included.
We suggested 30 days, not 60 days, to comply with the rules. That has not been included.
Higher penalties. The penalties were increased from $50,000 to $100,000. Many of us believe that is not sufficient as a deterrent for some who make a lot more than $50,000 or $100,000 around here on transactions. So we think a higher penalty sends a stronger signal, and I will be offering an amendment on that to increase the penalties up to $200,000. Again, it is up to $200,000 for breaking these rules, lobbyists breaking these rules.
One of the important things we brought to the table that was not in the underlying bill was disclosure of rule enforcement by the Secretary of the Senate and the U.S. Attorney. In other words, one of the concerns Members have and that the public has is, What sort of oversight is being done? Are there any actions being taken? What this would require is that when there, in fact, is an action taken on the part of the committee, and it has been referred to a U.S. Attorney for prosecution--not that particular case, but at least the number of cases that have been referred is made public so we know the level of activity. Not the specific charge, because we don't know whether the U.S. Attorney will actually bring a charge, but we at least know the number.
There are several other things we did in our bipartisan discussions: ban registered lobbyists who are former Members from the Senate floor; no staff contact with lobbyists who are a member of the family, which is an amendment I successfully offered in committee, in the Rules Committee; and the earmark transparency, something Senator Lott and Senator Feinstein have worked with, and obviously Senator McCain. There will be differences. We passed something out of the Rules Committee. There will be amendments to try to expand this provision, maybe contract this provision, modify it; but the idea was developed and supported by a bipartisan group.
Another thing Senator Collins and Senator Lieberman put in their bill, which was very important that we brought to the table, was the idea of an SRO, a self-regulatory organization that many professional organizations use to police their own ranks. While we can pass laws and we can pass rules that try to govern the lobbyist profession, there are a lot of things within the profession that need to be upgraded, whether it is fees or whether it is professional ethics, and there is not a good body out there that does that. There certainly isn't any kind of self-regulatory body that does that. We think it is vitally important to send a message from the Congress to the folks who make a living petitioning their government to clean up their own house, and particularly in greater detail than what the Congress could or should do with respect to the practices, the internal practices of lobbying firms and lobbyists.
I think this is a very important suggestion, something I felt very strongly about, and I appreciate Senator Lieberman and Senator Collins for including it in their legislation.
This is the final chart, which again shows the consensus. You can see the checkmarks here again, which are areas that are already included in the bill that were part of the bipartisan discussion, to extend the lobbying ban for Members and senior staff from 1 to 2 years for Members and included more senior staff of Members in a separate amendment. Both were discussed and supported broadly in our discussions.
This is something I also felt very strongly about: Members not being able to negotiate for private sector employment while they are a member of the Senate. Then we put in the date of the election of your successor as the date you can then freely discuss employment opportunities for after your life here in the Senate. We have an exception. There needs to be an exception. If something happens, a personal emergency in the family, or something comes up where you feel you have to leave the Senate for some reason, the opportunity to have those discussions simply must be disclosed within 3 days of having those discussions. Again, we think there needs to be an escape hatch for those kinds of contingencies.
Travel was a very big point of discussion and will be a point of discussion here on the floor of the Senate. Privately funded travel must be preapproved by Ethics, be of educational value, have little or no R and R--rest and recreational value, disclosure of the lobbyist's involvement in the trip, as well as all activities reported after the trip. In other words, you have to file a comprehensive report of what you did, not just what you planned to do.
The area that was not done and that I will be offering an amendment on with Senator McCain and Senator Feingold is having to do with the Members and Federal candidates paying a fair market value for the cost of corporate travel. I know this is very controversial, particularly for Members from larger States using a private aircraft in getting around. But as we will discuss later with Senator McCain and Senator Feingold on the floor, we believe this is an area that needs to be addressed. This is clearly a subsidy. I understand, and I think we all understand, this will probably require higher amounts of money in our accounts to be able to pay for these costs as we travel around our States that now are, in a sense, subsidized by the private sector. But I believe this is a very important transparency issue.
The final issue is the mandatory disclosure of travel on private charter flights by Members as well as Federal candidates, so this is something that we did.
The last thing that is on the agenda, and then I will turn it over to the Senator from Connecticut, Senator Dodd, is the gift ban. Now we do have a gift ban in this bill having to do with lobbyists. Lobbyists are no longer allowed to give any gift of any value to Members. The one area that is excluded from that is meals. To be clear, what the Rules Committee did was make a change to current law which says, you are allowed to purchase a meal for a Member of Congress or his staff of up to almost $50. The Rules Committee said you have to now report it if it is above $10. That, I think, is worse than the current law, in my opinion, because it sets up a situation where Members--I can tell you if this is the law that would go into place, I would tell my staff, and certainly I would never have a meal with a Member, because it creates the impression first that you have to report it, and of course any activity that occurred with respect to that lobbyist and your office or legislation you voted on or campaign activities would be tied to this particular event which, of course, may or may not have had anything to do with that particular event, but it creates, I think, an untenable situation. I think the effect of Senator Lott's suggestion would be, in fact, a ban on meals, so if that would be the effect of it, let's do it.
So I have offered an amendment. Senator Dodd came to the floor with the same idea. We have spoken. We have decided to jointly offer an amendment that would ban all meals from registered lobbyists to Members of Congress and their staff. That is the amendment Senator Dodd will be teeing up here in a moment. Again, we filed virtually identical amendments.
I am happy to yield to the Senator from Connecticut because of the fine work he has done to be the lead sponsor on this amendment. We need to work together and get this done because the current situation in this bill, in my opinion, is simply untenable and is a potential trap for the unsuspecting, which I would not like to see be visited on any Member of the Senate.
With that, again, I want to congratulate all of those who were involved. I think you see that the bipartisan process we worked on for several weeks yielded the basis--the basis of the bill we have before us has yielded a situation where I think most of the amendments that are going to be offered are going to be offered in a bipartisan fashion because discussions were actively underway that did have sincere collaboration. As a result of that, I think you are going to see a lot of the effort being put forward today in a bipartisan fashion. I am pleased to be able to kick that off with the Senator from Connecticut on the issue of not allowing lobbyists to buy meals for either Members or their staffs here in the Senate.
Mr. President, I yield the floor for the Senator from Connecticut.
Madam President, I echo the comments made by the Senator from Connecticut. He covered all the salient points. I did so earlier in a broader discussion on the bill. This really is a tripwire. The current language could cause all sorts of problems for Members and staff. The better policy is to simply ban this activity. That does not mean that you can't go out with people who aren't lobbyists, and if you have a constituent who has come into town and you can buy them dinner or lunch and they can buy you dinner or lunch, that is all well and good but subject to the gift limits that are in place right now. But when you are in the business of lobbying Members of Congress, as the Senator from Connecticut said, it does without question present the perception that there is some undue influence involved with the purchase of a meal.
I understand that we are talking about small meals as well as large. But the bottom line is, that perception is
not helpful to the image of this body. Perception and reality should be a concern of ours because public confidence in this institution and those of us in it is vitally important to the success of our democracy. This is an important measure. It is a small measure but it is important to get it accomplished. I hope we can do so by consent or by voice vote. I don't see anybody else on the floor. I don't know if the Senator from Mississippi wants to speak on this amendment, but I would like to suggest that we agree to this by voice vote and then have the Senator from Oklahoma, who has been incredibly patient in waiting to offer his amendment, be given the right to do so.