Jon Kyl on Government Reform Republican Jr Senator (AZ; retiring 2012)

Voted NO on Congressional pay raise.

Makes appropriations to the Senate for FY2010 for:
1. expense allowances;
2. representation allowances for the Majority and Minority Leaders;
3. salaries of specified officers, employees, and committees (including the Committee on Appropriations);
4. agency contributions for employee benefits;
5. inquiries and investigations;
6. the Senate Caucus on International Narcotics Control;
7. the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;
8. miscellaneous items;
9. the Senators' Official Personnel and Office Expense Account; and
10. official mail costs.

Proponent's argument to vote Yes:Rep. WASSERMAN SCHULTZ (D, FL-20): We, as Members of Congress, have responsibility not just for the institution, but for the staff that work for this institution, and to preserve the facilities that help support this institution. We have endeavored to do that responsibly, and I believe we have accomplished that goal.

Opponent's argument to vote No:Rep. SCALISE (R, LA-1): It's a sad day when someone attempts to cut spending in a bill that grows government by the size of 7%, and it's not allowed to be debated on this House floor. Some of their Members actually used the term "nonsense" and "foolishness" when describing our amendments to cut spending; they call that a delaying tactic. Well, I think Americans all across this country want more of those types of delaying tactics to slow down this runaway train of massive Federal spending. Every dollar we spend from today all the way through the end of this year is borrowed money. We don't have that money. We need to control what we're spending.

Voted NO on providing a US House seat for the District of Columbia.

• The District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.
• DC shall not be considered a State for purposes of representation in the US Senate.
• Reapportionment [census-based House seats] shall apply with respect to DC in the same manner as it applies to a State, except that DC may not receive more than one Member.
• Effective with the 112th Congress, the House of Representatives shall be composed of 437 Members, including the Member representing DC.
• The State of Utah is entitled to one additional Representative pursuant to this reapportionment.

Proponent's argument to vote Yes:Sen. ORRIN HATCH (R-UT): I am cosponsoring the legislation to provide a House seat for DC and an additional House seat for Utah. Representation and suffrage are so central to the American system of self-government that America's founders warned that limiting suffrage would risk another revolution and could prevent ratification of the Constitution. The Supreme Court held in 1820 that Congress' legislative authority over DC allows taxation of DC. Do opponents of giving DC a House seat believe that DC is suitable for taxation but not for representation?

Opponent's argument to vote No:Sen. JOHN McCAIN (R-AZ): I make a constitutional point of order against this bill on the grounds that it violates article I, section 2, of the Constitution. I appreciate the frustration felt by the residents of DC at the absence of a vote in Congress. According to many experts, DC is not a State, so therefore is not entitled to that representation. Also, one has to raise the obvious question: If DC is entitled to a Representative, why isn't Puerto Rico, which would probably entail 9 or 10 Members of Congress? [With regards to the seat for Utah], this is obviously partisan horse-trading.

Voted NO on granting the District of Columbia a seat in Congress.

• Considers D.C. a congressional district for purposes of representation in the House.
• D.C. shall not be considered a state for representation in the Senate.
• Limits D.C. to one Member under any reapportionment.
• Increases membership of the House from 435 to 437.
• Entitles Utah to one additional Representative until the next census, and modifies the reapportionment formula thereafter.

Opponents recommend voting NO because:

Sen. BYRD: In 1978, I voted for H.J. Res. 554, that proposed amending the Constitution to provide for representation of D.C. [That amendment passed the Senate but was not ratified by the States]. While I recognize that others believe that the Constitution authorizes the Congress to "exercise exclusive legislation" over D.C., the historical intent of the Founders on this point is unclear. I oppose S.1257, because I doubt that our Nation's Founding Fathers ever intended that the Congress should be able to change the text of the Constitution by passing a simple bill.

Proponents support voting YES because:

Sen. HATCH. There are conservative and liberal advocates on both sides of this issue,and think most people know Utah was not treated fairly after the last census. For those who are so sure this is unconstitutional, [we include an] expedited provision that will get us to the Supreme Court to make an appropriate decision. It will never pass as a constitutional amendment. There are 600,000 people in D.C., never contemplated by the Founders of this country to be without the right to vote. They are the only people in this country who do not have a right to vote for their own representative in the House. This bill would remedy that situation.

Voted YES on requiring photo ID to vote in federal elections.

Proponents support voting YES because:

Sen. DOLE. I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.

Opponents recommend voting NO because:

Sen. FEINSTEIN. If one would want to suppress the vote in the 2008 election, one would vote for this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Voted YES on allowing some lobbyist gifts to Congress.

Proponents of the amendment say to vote NAY on the tabling motion because:
• Using the term "registered lobbyist'' will create a huge loophole. The Ethics Committee treats the actual listed lobbyists as registered lobbyists, but not the organization.
• So, for example, a company can give a Senator free tickets to a show or a baseball game, as long as a lobbyist doesn't actually offer or handle them. If the lobbyist's secretary makes the call, that would be permitted.
• If these companies can still give gifts, we won't have a real lobbyist gift ban. We won't be able to look the American people in the eye and say, "We just banned gifts from lobbyists,'' because we didn't.

Opponents of the amendment say to vote YEA on the tabling motion because:
• I can tolerate not accepting gifts from lobbyists. But this amendment goes a step further which is problematic.

  For example, I am a big fan of McDonald's. What about the kids working behind the counter? Would they be considered registered lobbyists because McDonald's has lobbyists? Would I not be able to go to lunch with my longtime friend who owns 12 McDonald's?

• Every company in the Fortune 1000 employs a lobbyist, either a private firm or an in-house lobbyist. Under this amendment, every person who works for Exxon, Wal-Mart, Home Depot, and countless other businesses that employ lobbyists in Washington would be considered registered lobbyists.
• If we want to ban the CEO and chairman of the board of the company from paying for a meal, or the head of a labor union, do that specifically. But this is so broadly developed I think it goes way beyond that.

Voted NO on establishing the Senate Office of Public Integrity.

Proponents of the bill say to vote YEA because:
• We have heard from the media about the bribes and scandals, but we have heard only silence from the House Ethics Committee. One of the greatest travesties of these scandals is not what Congress did, but what it didn't do.
• The American people perceive the entire ethics system--House and Senate--to be broken. We can pass all the ethics reforms we want--gift bans, travel bans, lobbying restrictions--but none of them will make a difference if there isn't a nonpartisan, independent body that will help us enforce those laws.
• The Office of Public Integrity established in this amendment would provide a voice that cannot be silenced by political pressures. It would have the power to initiate independent investigations and bring its findings to the Ethics Committees in a transparent manner.

Opponents of the bill say to vote NAY because:
• The Constitution gave us not only the right but the duty to create our own rules, including the rules concerning our ethics. They are enforced internally by the Senate itself.
• The decisions made under this amendment would be no different than right now. The final decision will be made by the Senate Ethics Committee. All this really does is find a way to further publicize that complaints have been made.
• We have people accusing us almost daily of having done something wrong and publishing it through blogs and all that. I think we should be very careful in setting up another tool for these bloggers to create more charges against the Senate.
• I cannot support an amendment that either replaces the Senate Ethics Committee or adds another layer to our already expensive and time-consuming process. I urge the Senate to defeat this provision.

Voted NO on banning "soft money" contributions and restricting issue ads.

Voted YES on require photo ID (not just signature) for voter registration.

Voted NO on banning campaign donations from unions & corporations.

Voted NO on funding for National Endowment for the Arts.

Voted NO on favoring 1997 McCain-Feingold overhaul of campaign finance.

Voted YES on Approving the presidential line-item veto.

Voted NO on banning more types of Congressional gifts.

Prohibit non-legislated earmarks.

OFFICIAL CONGRESSIONAL SUMMARY: A bill to prohibit Federal agencies from obligating funds for appropriations earmarks included only in congressional reports.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bill would prohibit Federal agencies from obligating funds which have been earmarked only in congressional reports. This legislation is designed to help reign in unauthorized, unrequested, run-of-the-mill pork barrel projects.

Report language does not have the force of law. That fact has been lost when it comes to appropriations bills and reports. It has become a standard practice to load up committee reports with literally billions of dollars in unrequested, unauthorized, and wasteful pork barrel projects.

We simply must start making some very tough decisions around here if we are serious about improving our fiscal future. It is simply not fiscally responsible for us to continue to load up appropriations bills with wasteful and unnecessary spending, and good deals for special interests and their lobbyists. We have had ample opportunities to tighten our belts in this town in recent years, and we have taken a pass each and every time. We can't put off the inevitable any longer.

LEGISLATIVE OUTCOME:Referred to Senate Subcommittee on Federal Financial Management & Government Information; hearings held; never came to a vote.

Restrict lobbyist gifts & disclose lobbyist info on Internet.

EXCERPTS OF BILL:

• Title I: Enhancing Lobbying Disclosure: Requires...
  1. quarterly instead of semiannual filing of lobbying disclosures reports;
  2. an annual report on registered lobbyists' contributions;
  3. maintenance of lobbying information in an electronic database, available to the public free of charge over the Internet;
  4. disclosure by registered lobbyists of all past executive and congressional employment; and
  5. disclosure of registered lobbyists' payments or reimbursements for travel and related expenses of government officials.
• Title II: Oversight of Ethics and Lobbying: annual report to Congress on lobbying registration and reports for compliance or noncompliance by lobbyists and their clients.
• Title III: Slowing the Revolving Door - Extends from one to two years the ban on lobbying contacts by former Members of Congress, and officers of the legislative branch; and prohibits former Congressional employees, within one year after leaving office, from making lobbying contacts with a Member or employee of Congress.
• Title IV: Ban on Provision of Gifts or Travel by Lobbyists in Violation of the Rules of Congress: Prohibits a registered lobbyist from making a gift or providing travel to a Member or employee of Congress, unless the gift or travel may be accepted under the rules of the House or the Senate.
• Title V: Commission to Strengthen Confidence in Congress Act of 2006 - Establishes a Commission to report to Congress on congressional ethics requirements and to recommend improvements to ethical safeguards.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Governmental Affairs; Placed on Senate Legislative Calendar No. 369; never came to a vote.

Sponsored bill allowing individual votes on each earmark.

OFFICIAL CONGRESSIONAL SUMMARY: A bill to provide greater accountability of taxpayers' dollars by curtailing congressional earmarking.

SPONSOR'S INTRODUCTORY REMARKS: Sen. McCAIN: This bipartisan bill changes the Senate rules to allow points of order to be raised against unauthorized appropriations and policy riders in appropriations bills and conference reports in an effort to reign in wasteful pork barrel spending.

In 1994, there were 4,126 Congressional earmarks added to the annual appropriations bills. In 2005, there were 15,877 earmarks, the largest number yet, that's an increase of nearly 300%! The level of funding associated with those earmarks has more than doubled from $23 billion in 1994 to $47 billion in 2005.

Our bill would establish a new procedure which would allow a 60-vote point of order to be raised against specific provisions that contain unauthorized appropriations, including earmarks, as well as unauthorized policy changes in appropriations bills and conference reports. Successful points of order would not kill a conference report, but the targeted provisions would be removed from the conference report.

To ensure that Members are given enough time to review appropriations bills, our proposal would also require that conference reports be available at least 48 hours prior to floor consideration.

To promote transparency, our bill requires that any earmarks included in a bill be disclosed fully in the bill's accompanying report, along with the name of the Member who requested the earmark and its essential governmental purpose.

LEGISLATIVE OUTCOME:Referred to Senate Committee on Rules and Administration; never came to a vote.

Ensure delivery of absentee ballots for troops overseas.

A bill to improve procedures for the collection and delivery of absentee ballots of absent overseas uniformed services voters. Congress makes the following findings:

1. In the defense of freedom, members of the United States Armed Forces are routinely deployed to overseas locations.
2. We live in what senior Army leaders have referred to as an 'era of persistent conflict'.
3. The right to vote is one of the most basic and fundamental rights enjoyed by Americans, and one which the members of the Armed Forces bravely defend.
4. The ability of the members of the Armed Forces to vote while serving overseas has been hampered by numerous factors, including inadequate processes for ensuring their timely receipt of absentee ballots, delivery methods that are typically slow and antiquated, and a myriad of absentee voting procedures that are often confusing.
5. The Uniformed and Overseas Citizens Absentee Voting Act, which requires the States to allow absentee voting for members of the Armed Forces and other specified groups of United States citizens, was intended to protect the voting rights of members of the Armed Forces.
6. 992,034 absentee ballots were requested in the 2006 general election. However, less than one-third of such ballots were ultimately received by local election officials, evidencing an unacceptable failure of the current absentee ballot system.
7. Modern technology continues to rapidly advance, greatly expanding the range of potential solutions to these problems and increasing the ability to remove obstacles encountered by overseas members of the Armed Forces in the past in trying to cast their votes; [specifically]:

• Collection- establish procedures for collecting absentee ballots
• Ensuring Delivery Prior to Closing of Polls- ensure that any absentee ballot which is collected prior to the applicable deadline is delivered prior to the time established by the State for the closing of the polls on the date of the election.

Ban paid voter registration.

A bill to amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the State prior to the distribution of such forms.

Prohibits any individual from distributing, for compensation, a voter registration application form for federal elections in a state if the individual:
1. has been convicted of a felony under any state or federal law;
2. does not sign and print legibly the individual's name on the form;
3. does not provide identifying information to the proper election official; or
4. does not certify, under penalty of perjury, that he or she has not received financial compensation based on the number of voter registration application forms submitted by the individual to an election official upon completion by the applicant, and that the information provided by the individual is accurate to the best of the individual's knowledge.

Establishes criminal penalties for: (1) individuals not meeting such standards; and (2) anyone who employs such an individual knowingly, or who should reasonably be expected to know the individual is ineligible.

Require all laws to cite Constitutional authorization.

A bill to require Congress to specify the source of authority under the United States Constitution for the enactment of laws.

Each Act of Congress shall contain a concise explanation of the specific constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief.

Constitutional Authority for This Act: This Act proposes to establish new procedures by which legislation shall be considered by Congress and is enacted pursuant to the power granted Congress under article I, section 5, clause 2, of the United States Constitution establishing that each House may determine the rules of its proceedings.