Testimony of Senator Russ Feingold
At the Homeland Security and Government Affairs Committee
On Lobbying and Ethics Reform
January 25, 2006
Chairman Collins, Senator Lieberman, thank you for the invitation
to testify today on this very important topic. We are truly at a watershed
moment for the Congress, and I am pleased that this Committee is preparing
to act quickly.
There are few higher priorities than improving our ethical standards
and addressing the influence of special interests on legislation. That
is because the fairness of the legislative process has an impact both
on policy outcomes and on the confidence that the public has in those
outcomes. The Lobbying Disclosure Act and the changes to the gift rules
we enacted in 1995 made a difference. So did the McCain-Feingold bill
passed in 2002, which ended the practice of members of Congress asking
corporate heads for hundreds of thousands of dollars in soft money.
But the Abramoff scandal has pulled back the curtain on the influence
peddling that goes on here and that we now must address decisively or
risk losing the benefits of our earlier efforts.
Obviously, there are many components to this problem, and many possible
solutions. But the first point I want to emphasize today is that this
Committee should resist the temptation to let opponents of reform change
the subject. By all means, consider all proposals that will have an
impact on the problem, but don’t let side issues take your attention
away from the abuses that need to be stopped. Whenever someone disparages
basic reforms of the gift and travel rules by saying “what Congress
really needs to do is _X_”, be skeptical.
As an example, I will take a backseat to no one in Senate, except perhaps
to my friend John McCain, in my opposition to earmarks and unnecessary
spending. I strongly support changing the rules of the Senate to prevent
earmarks and the encouragement they give to some of the seamier lobbying
practices we have seen. But don’t let anyone tell you that if
you deal with earmarks you can let those other practices continue. Similarly,
don’t believe it when people say that further gift and travel
restrictions won’t make any difference. If those restrictions
are clear enough and tough enough, they will. Free meals, free tickets,
factfinding trips to warm, far away places during congressional recesses
– these are a big part of the lobbying game at both the Senator
and the staff level. It’s time for them to stop.
My second general point is that in the end this lobbying and ethics
reform effort must be bipartisan to succeed. It is not surprising that
there are political calculations involved in addressing this issue.
And the political situation has made real reform much more likely than
it seemed when I introduced my original bill in July 2005. But given
the rules of the Senate, and the difficulties of navigating the legislative
process in a short time, politics could also cause this effort to stall
if we aren’t careful. And that’s where this Committee, working
together, can have a very positive effect.
But working together on a bipartisan bill does not mean being timid.
It does not mean Democrats and Republicans should come together to protect
the status quo or find the lowest common denominator. Now is the time
for bold and decisive action, not weak knees.
With that in mind, let me briefly outline what in my view are the key
elements of a meaningful and credible reform bill. First, a real lobbyist
gift ban. Reasonable exceptions for family, friends, and items like
tee shirts or baseball caps are fine, but the ban has to be comprehensive.
It has to include not just lobbyists but those who employ them. We have
seen how the current $50 limit has been abused. Those abuses will continue
unless we mean what we say and make the ban very tight. If that seems
too complicated, then just do what we did in the Wisconsin state legislature
and what I do in my office – no gifts, period. That’s a
simple rule, easy to follow, easy to apply. It doesn’t mean you
can’t have a meal with a lobbyist or a constituent if that’s
what you want to do. You just have to pay your share of the check.
Second, address privately funded travel. I know that some fact finding
trips really are helpful to Senators and staff to learn about the issues
we face firsthand. But I think it is now abundantly clear that the exception
to the current gift rules for these trips has been abused. It can’t
be fixed by just disclosure. I am aware of the arguments that there
should be a limited exception for charitable, educational organizations
not involved in lobbying, but we need to make sure that any exception
does not itself become subject to abuse.
Third, slow the revolving door. Increasing the cooling off period from
one to two years is the least we should do. But I also think you should
take a close look at that cooling off period and assess whether it really
means anything if people can leave Congress and run the lobbying show
at influential trade associations or law firms for a year a two from
behind the scenes. When that happens, isn’t the cooling off period
really just a “warming up” period? If we are serious about
reducing undue influence, we should have revolving door laws that really
mean something.
Fourth, end reliance on corporate jets. If Senators want to travel
on what amounts to chartered flights, they should pay the charter rate.
And we need to make that clear for both official and campaign use of
corporate jets because one thing is clear – the lobbyist for the
company that provides the jet is going to be on the flight, whether
it’s taking you to see a plant back home, or a fundraiser for
your campaign.
Finally, improve lobbying disclosure. Here I think there is general
agreement on many provisions to improve the Lobbying Disclosure Act.
But I think the Committee should take a very close look at Sen. McCain’s
provisions and other proposals to expand disclosure of the campaign
fundraising activities of lobbyists. The Abramoff scandal is not just
about gifts and trips, it is about the targeted use of campaign contributions.
Lobbyists play a huge role in the financing of campaigns. Detailed disclosure
of that role will help the public understand how the lobbying game is
played and provide a record on which more substantive reforms can be
based.
Madam Chairman, we have an opportunity to make history in the next
few months. I hope this committee will lead the way in fixing the problems
the Abramoff scandal has exposed. The public is watching, and challenging
us to be bold. We must not blink. I look forward to working with you,
Senator Lieberman, and the entire committee to develop the strongest
possible lobbying and ethics reform package. Thank you for inviting
me to testify today.
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