A year ago this month I blogged on the need for an
independent ethics enforcement arm for Congress. It has taken that long for the Speaker’s
special task force to put together something that would have an impact and pass Congress. The proposal recently introduced by the Chair
of the Speaker's special task Force, Rep. Michael Capuano, represents a meaningful step toward
fixing the broken and discredited House ethics process.
I maintained back then -- and still do -- that this problem was not unique to
one party or the other but inherent to the current system. We have had a change in leadership and
stronger ethics rules were adopted but the will and ability to enforce the new
rules remains a complete joke. Putting
aside for a moment the tougher role of enforcing the new rules, consider the
committee’s ability to simply interpret them.
Example: the new rules strike a blow at the lavish parties that
lobbyists throw at political conventions to honor members of Congress – absent
legitimate policy arguments, special interests court key legislators with food
and drinks to push their niche interests.
The new rules state that lobbyists can no longer throw these shindigs to
honor a member of Congress. The House
ethics committee, following its not so very proud tradition of seeking end runs
around ethics rules, interpreted the law to prohibit only parties that honor a
single legislator. If two or more
lawmakers are honored then the rules do not apply. It would be laughable if it were not so
incredibly shameful.
The most recent proposal is not perfect but it would
significantly change the way in which ethics complaints are initiated and
handled. A new independent Office of Congressional Ethics would end the
partisan gridlock that has stymied legitimate ethics investigations.
Disclosure of the activities of the ethics office will end the secrecy that has
been a hallmark of the Congressional ethics committee and increase
accountability for those who break the rules.
The new rules are laudable but their promise to exact
significant change here in
is only as good as the ability to enforce them. Violators have little to
fear under the current system which closely resembles a firing squad standing
in a circle. The result has been years of bipartisan détente and little
accountability.
Specifically the proposal would:
- Establish
an independent Office of Congressional Ethics run by a six member board
with the power to file complaints and initiate its own investigations into
allegations of wrongdoing.
- Protect
board members against arbitrary and partisan efforts to remove them if
they take up allegations against members that are either politically
embarrassing to one side or the other or involve powerful
individuals.
- Establish
timetables and deadlines for acting on ethics complaints and making public
any findings of investigations.
- Assure
that the Office is able completes investigations.
- Make
virtually all of the work of the new Office available to the public.
The proposal could be strengthened by giving board members
access to subpoena power to compel witnesses to come before the board. But it represents an important step toward
cleaning up the mess in .
Congress should vote on this proposal quickly and start the process of
restoring integrity to the ethics process in the House.