Mr. President, I thank the chairman of the Rules Committee for her careful and cogent explanation of what is in the bill. I am happy to be an original cosponsor of S. 1. I will be a cosponsor of the substitute that will be provided under…
Mr. President, I thank the chairman of the Rules Committee for her careful and cogent explanation of what is in the bill. I am happy to be an original cosponsor of S. 1. I will be a cosponsor of the substitute that will be provided under her leadership along with Senator Reid and Senator McConnell.
I agree with her and with most others that we need to move ahead on this issue. We need to let the American people know we are paying attention to the ethics questions as they relate to lobbying and to our own internal activities.
Her discussion of earmarks has very little to do with the way lobbyists operate but with the way the Congress operates. Lobbyists react to what we do. They are paid to pay attention to what we do and then shift and adjust their activities to match what is going on in the Congress. Many of the problems we have seen arise in the last dozen years have come from changes within Congress, changes in procedures-- not formal changes but evolutionary changes--that have come along as Congress has reacted to the pressures we face.
My first experience in this town was as a teenager, as an intern. I suppose there is something wrong with me because I was enough of a political junky that I used to sit in the gallery at night when I could have gone home and listen to the debate in the Senate. I would amuse myself in the daytime by reading the Congressional Record. I am not sure how many people would do that today.
In those days, debate in the Senate was real debate. Senators would come to the Senate, go back and forth with each other. Things were different. The way things moved through committees was different. It was a much more leisurely and orderly process.
I have seen, in the 14 years I have been in the Senate, the process speed up to the point that even the kind of cursory examination we would give to legislation 14 years ago has gone by the boards.
I have been part of the process of creating the omnibus appropriations bill, which is probably the worst possible way to legislate. Yet under the pressures we found ourselves confronted with it was the only way to get appropriations bills completed.
I have watched as the authorizing process has gradually but inexorably broken down as authorizers now come to appropriators and say: We can't get this through our committee for a variety of reasons. Would you add it to the appropriations bill? The appropriations bill is picked because it is the only bill that has to pass. We have to fund the Government.
I remember a Congress when Secretary Babbitt had a vital problem relating to his department and to my State. We talked it through. Then he said: Senator, see if you can get it on the CR, the continuing resolution. There was no opportunity for passage of that particular item. Here is a Cabinet officer, representing President Clinton, talking to a Republican Senator, representing the people of Utah, and the advice is: See if you can put it on the CR.
Obviously, the process of orderly authorization, oversight, examination, and then appropriations which is laid down in our rules has broken down under the pressure. It was in that crucible where people such as Duke Cunningham would step forward and say: We are going to take advantage of this broken process to our own personal advantage.
Now, understand, Duke Cunningham is in jail. Understand, Jack Abramoff, the lobbyist who saw the opportunity of exploiting this breakdown, is in jail. The laws, the rules, the ethics that currently exist, gave rise in this present circumstance to a comment someone made. He said: You folks in the Congress are the only people I know who, when someone breaks the rules, decide the thing to do is to change the rules.
There is some sense that perhaps we are overreacting to the scandals of Abramoff and Cunningham. I do not believe that S. 1 is an overreaction, nor do I believe is the substitute offered by Senators Reid and McConnell, of which I and I am assuming the chairman of the committee are original cosponsors. But as the debate goes forward, there might be a temptation to overreact in some of the amendments that will be offered to this bill and to the substitute. So I want to make a few points about the whole process of lobbying.
Again, a little personal history: Back in the 1960s, I was a lobbyist. I have said my timing was terrible because when I went to work as a lobbyist, lobbyists were not paid as much as Members. Today it seems to be the other way around.
I remember belonging to a group that very creatively called itself the Breakfast Group because we met for breakfast once a month. It consisted of all of the lobbyists of Fortune 500 companies in Washington at the time. We would meet at the Chamber of Commerce where the staffer from the Chamber of Commerce would brief us on their attitudes toward our issues. He left the chamber to set up an office for a Fortune 500 company and wanted to join the group as one of our members. We voted him in, and then we voted the membership closed because we said if we get too many more, it will be too big. There were 20 members. There were 20 people who were representatives of Fortune 500 companies at the time.
Mr. President, this is an old document I hold in my hand from 2000, so it is 6 years old. It includes the names of all of the lobbyists who are currently in Washington. That little group of 20 has grown somewhat in the 40 years from then till now. But as you look through this list, one thing becomes clear that I think a lot of people do not understand with respect to the legislation we are considering. By virtue of all of the people who have now entered this kind of activity, virtually every single American is represented by a lobbyist. Every single American has someone lobbying in behalf of his or her interests, whether he or she knows it or not.
I just dipped into this document, turned open some pages, at complete random, to see who are the lobbyists and what are they here for. Here on page 473, we have the Legal Action Center for the City of New York: A not-for-profit law and policy organization fighting discrimination against people with substance abuse problems, people with HIV/AIDS, and people with criminal records. So people who have substance abuse problems, HIV/AIDS, and criminal records have a lobbyist.
Here is the Learning Disabilities Association. Here is the Lawyers Alliance for World Security: A national, non-partisan membership organization of legal professionals dedicated to stopping unrestrained weapons proliferation and bringing the rule of law to the newly independent nations of the former Soviet Union. So if you are against nuclear proliferation, you have a lobbyist.
The League of Conservation Voters: A national, non-partisan arm of the environmental movement, works to elect pro-environmental candidates to Congress, publishes annual ratings of Congress, and so on.
OK. Flipping ahead, we have the National Association of Schools of Dance: Accreditation of post-secondary educational programs in dance-- they have a lobbyist--along with the National Association of State Units on Aging: A
national, non-profit public-interest organization dedicated to providing general and specialized information, technical assistance, and professional development support to State units on aging.
And I went a little deeper away from national associations. We have, on page 636 the Solar Energy Research and Education Foundation: An educational organization developing a museum in Washington featuring interactive CD-ROM-based computer technology. And next to that is the Solid Waste Agency of Northern Cook County and across the page, the Office of the Attorney General of the State of South Dakota.
Every American is represented in one form or another by a lobbyist. So we must be careful as we deal with the perception that comes out of perhaps televisionland that all lobbyists are corrupt, all lobbyists operate with shady activities, with under-the-table money.
If we decide that is, in fact, what we are dealing with and clamp down in such a way so hard as to get in the way of the National Association of Schools of Dance, we will do damage to the constitutional right--right there in the first amendment, next to freedom of religion and freedom of speech--the constitutional right to lobby. They did not call it that in the 18th century. They said the right to petition the Government for redress of your grievances because the Capitol had not been built and a lobby had not been created. But the word came out of people exercising their rights. We must respect that. We must recognize we have to do this very carefully. And we must recognize that internal reform, disclosure of earmarks, activities with respect to conference reports, cleaning up our own act of how we handle legislation is an important part of seeing to it that the process is proper.
As I said at the outset, I do not believe S. 1 is an overreaction. I do not believe the amendment in the nature of a substitute is an overreaction. I am happy to be an original cosponsor of both. And I salute the majority leader in his determination to start out with this issue because it is an issue on which we can reach broad bipartisan agreement. It is an issue that can send the message to the voters that, yes, we recognize that, however it has evolved, the rules do need to be changed. Even though the people who broke the old rules were caught under the old rules, convicted under the old rules, and sent to prison under the old rules, we need to be looking ahead and recognize that in a world where virtually everyone is involved, in one way or another, we need to do this right.
So I am happy to be a part of this debate, and I appreciate the leadership we are receiving from the majority leader and from the chairman of the committee.
With that, Mr. President, I yield the floor.
Yes, Mr. President, that will be agreeable to me, with the understanding that if the Senator does show up, then they will go in the queue wherever they can fit.