Statements On Introduced Bills And Joint Resolutions

Floor Speech

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By Mr. FEINGOLD:

S. 3713. A bill to improve post-employment restrictions on representation of foreign entities by senior Government officers and employees; to the Committee on the Judiciary.

Mr. FEINGOLD. Mr. President, I am pleased to introduce legislation that will tighten restrictions on individuals who move between the public and private sector--the so-called revolving door. The legislation that I am introducing today aims to better protect the United States from conflicts of interest posed by this practice, particularly where it comes to senior government officials and employees going on to represent foreign entities--sometimes even the governments of the very foreign countries in which they had just finished representing the United States.

There was a time when public service was held in high esteem, but the ever expanding revolving door between public and private employment has generated cynicism and frustration. By placing meaningful restrictions on how quickly former officials can access this door and where it will take them, we can reverse the trend of government employees going off to lobby for foreign entities by making clear they are not ``for sale.'' This legislation is an important reminder that public service should be treated as an honor and a privilege, and will help to ensure that government officials make decisions based on the best interests of the American people, and not on their future career prospects.

Foreign governments and businesses have come to rely on U.S. lobbyists to advocate for their interests and interact with key policy makers. According to an article in the Milwaukee Journal Sentinel earlier this year, data analyzed by watchdog groups found that ``[m]ore than 340 foreign entities--from governments to separatist groups to for-profit companies--spent at least $87 million on lobbying efforts in the United States between July 2007 and December 2008.'' Former senior government officials are in demand to represent or advise foreign entities after leaving office. Even from the limited data available, it appears at least four recent U.S. Ambassadors--the President's chief representatives abroad--have done this kind of work in recent years. It is not just ambassadors who go on to represent foreign entities, but also deputy secretaries, under secretaries, other categories of executive branch officials, and, of course, former members of Congress.

The bill I am introducing today will strengthen the post-employment restrictions on foreign entity representation that are already in place by both length and scope. It will cover those officials, including in the legislative branch, that are already subject to revolving door restrictions, but expand the current 1-year restriction on representing, aiding or advising a foreign entity with intent to influence to 5 years. It will also expand the definition of prohibited entities to include foreign businesses as well as foreign governments and political parties.

Revolving door restrictions are supposed to protect the U.S. Government and the people it serves from conflicts of interest and from Government officials appearing to cash in on their public service. They help ensure that people representing the United States at the most senior levels are not being influenced by the possibility of securing lucrative jobs from outside entities while still in Government and they help prevent inside knowledge and personal connections to colleagues still in Government from being used on behalf of private parties. These are clearly important and legitimate goals and the current 1-year prohibition on foreign entity representation is insufficient to secure them.

Critics of tightening these restrictions may argue that former Government officials lobbying on behalf of foreign governments can sometimes pursue very laudable aims for those governments, such as securing resources for public health needs. This is surely true. But for every such positive example envisioned, another can come to mind that is notably less constructive, such as lobbying on behalf of governments with reprehensible human rights records. Moreover, I question how healthy it is when a culture of lobbying becomes so prevalent that foreign governments seeking to advance their objectives in the United States may feel obliged to hire their own advocates in this country.

We need to restore faith in government, and we can help to do that by ensuring those who serve at the highest levels do not turn around and use their influence and expertise gained during public service for personal profit and foreign interests. My legislation will help buttress the framework of restrictions that we as members of the Government impose on ourselves to ensure this broader good. I urge my colleagues to support it.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There being no objection, the text of the bill was ordered to be printed in the RECORD

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