[Congressional Record Volume 153, Number 1 (Thursday, January 4, 2007)]
[Senate]
[Page S186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Lieberman, Ms. Collins, and Mr. 
        Feingold):
  S. 192. A bill providing greater transparency with respect to 
lobbying activities, and for other purposes; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. McCAIN. Mr. President, today I am pleased to be joined by 
Senators Feingold, Collins, and Lieberman in introducing a bill to 
provide greater transparency into the process of influencing our 
Government, and to ensure greater accountability among public 
officials.
  The legislation proposes a number of important and necessary reforms. 
It would provide for faster reporting and greater public access to 
reports filed by lobbyists and their employers under current law. It 
would require greater disclosure of lobbyists' contributions and 
payments to lawmakers and entities associated with them, as well as 
fundraising and other events they host. the bill also would require 
greater disclosure from both lobbyists, and Members and employees of 
Congress, of travel that is arranged or financed by a lobbyist or his 
client.
  To address the problem of the revolving door between Government and 
the private sector, the bill would strengthen the lobbying restrictions 
on former senior members of the Executive Branch, former Members of 
Congress, and former senior congressional staff. It would require that 
Members publicly disclose negotiations they are having with prospective 
private employers to ensure there is no conflict of interests. The bill 
also would modify the provision in current law that exempts former 
Federal employees who go to work for Indian tribes as outside lobbyists 
and agents from the revolving door laws.
  The bill would prohibit all gifts from lobbyists to lawmakers and 
their staff. To ensure that such a ban is not circumvented, the bill 
also would require Members of Congress and their staff to pay the fair 
market value for travel on private planes and the fair market value of 
sports and entertainment tickets. Members and staff would also have to 
post the details of their privately-sponsored work trips on-line for 
public inspection.
  The bill would establish an independent, non-partisan Office of 
Public Integrity. Armed with a number of investigative tools, the 
Office of Public Integrity would investigate alleged misconduct by 
Members and their staff and make appropriate recommendations to the 
Senate Ethics Committee for final disposition.
  Finally, the bill would help us combat wasteful, porkbarrel spending. 
It would amend Congressional rules to allow lawmakers to challenge 
unauthorized appropriations, earmarks, and policy riders in 
appropriations bills.
  Mr. President, when I introduced similar legislation over a year ago, 
I regretted that such reform was even necessary. And, I voted against 
the bill that was ultimately passed in the Senate because it lacked a 
number of elements essential to true reform.
  Unfortunately, the need for such reform has only become more acute. 
The American people's faith and confidence in this venerable 
institution has steadily eroded. The day after the mid-term elections, 
CNN reported that, according to national exit polls, voters were 
concerned about corruption and ethics in Government more than any other 
issue. I can tell you the polls, if not spot on, are not far off.

  During my travels around the country last year, it quickly became 
clear that there is a deep perception that we legislators do not act on 
the priorities of the American people, that special interests, and not 
the people's interests, guide our legislative hand. This loss in 
confidence is not limited to a single party or ideology; rather, it 
cuts across the spectrum. It is a perception bred by recent 
Congressional failures and scandals, which I need not chronicle here.
  We can begin to restore faith in this institution by divesting 
ourselves of some of the perks and privileges that have somehow crept 
into public service. Take, for example, free meals and sports and 
entertainment tickets. The American people have rightfully come to see 
the abuse of such perks as a corrupting influence. In a string of 
guilty pleas last year, several lobbyists, former congressional aides, 
and a congressman admitted that such gifts were used as bribes. Quite 
frankly, there is no good reason why Members of Congress and their 
staff cannot forgo such gifts from lobbyists. No one would seriously 
contend that they are necessary for us to conduct the people's 
business. A total gift ban would go a long way towards restoring the 
public's confidence in us.
  Another critical aspect requiring reform is the ability of a Member 
to travel on a corporate jet and only pay the rate of a first class 
plane ticket. This bill requires Senators and their employees who use 
corporate or charter aircraft to pay the fair market value for that 
travel. While I appreciate that such a change is not popular with some 
of my colleagues, the time has come to fundamentally change the way we 
do things in this town. Much of the public views our ability to travel 
on corporate jets, often accompanied by lobbyists, while only 
reimbursing the first-class rate, as a huge loophole in the current 
gift rules. And they are right--it is. I have no doubt that the average 
American would love to fly around the country on very comfortable 
corporate-owned aircraft and only be charged the cost of a first-class 
ticket. It is a pretty good deal we have got going here. We need to 
face the fact that the time has come to end this Congressional perk.
  At a time when the public is questioning our integrity, the Senate 
needs to more aggressively enforce its own rules. We can do this not 
just by making more public the work that the Senate Ethics Committee 
currently undertakes, but by addressing the conflict that is inherent 
in any body that regulates itself. That is why I am again proposing the 
creation of a new Office of Public Integrity with the capacity to 
initiate and conduct investigations, uncolored by partisan concerns and 
unconstrained by collegial relationships.
  Finally, Mr. President, if we are truly serious about reform, we need 
to address what some have coined the currency of corruption--earmarks. 
In 1994, there were 4,126 earmarks. In 2005, there were 15,877--an 
increase of nearly 400 percent! But there was a little good news for 
2006 solely due to the good sense that occurred unexpectedly when the 
Labor HHS appropriations bill was approved with almost no earmarks, an 
amazing feat given that there were over 3,000 earmarks the prior year 
for just that bill. Yet despite this first reduction in 12 years, it 
does not change the fact that the largest number of earmarks have still 
occurred in the last three years--2004, 2005, and 2006.
  Now, let us consider the level of funding associated with those 
earmarks. The amount of earmarked funding increased from $23.2 billion 
in 1994 to $64 billion in FY 2006. Remarkably, it rose by 34 percent 
from 2005 to 2006, even though the number of earmarks decreased! 
Earmarked dollars have doubled just since 2000, and more than tripled 
in the last 10 years. This explosion in earmarks led one lobbyist to 
deride the appropriations committees as favor factories. The time for 
us to fix this broken process is long overdue.
  Mr. President, this past election, the American people sent a clear 
message: clean up the way business is done in our capitol. As faithful 
public servants, we are obligated to respond. Let us respond 
meaningfully, to assure the American people that we are here promoting 
the interests of main street over that of K Street, and that we are 
more interested in public service than the perks and privileges offered 
us. Let us also remind ourselves that we came here in the sincere 
belief that public service is a noble calling, a reward unto itself.
  I therefore urge my colleagues in joining me on this bill. I think 
our Nation and this venerable institution will be all the better for 
it.
                                 ______