American democracy cannot function without public trust and confidence in government. Unfortunately, it appears that some members of Congress have violated the trust of their constituents. While it is clear that our system of oversight brought these alleged crimes to light, it also is apparent that Congress can and should do more to demonstrate to the American people that we are conducting the public’s business in a manner that is above reproach.
The public deserves nothing less than a comprehensive review of the policies and procedures that govern our dealings with lobbyists – a review that is completely separate from the political process.
To that end, I am co-sponsoring a bipartisan bill, along with Sen. Norm Coleman, R-Minn., and Sen. Ben Nelson, D-Neb., to create the Commission to Strengthen Confidence in Congress (CSCC), a bipartisan, independent commission which would recommend reforms to strengthen congressional ethics, disclosure and transparency requirements that govern the relationship between members of Congress and lobbyists.
I believe the creation of an independent commission, made up of respected individuals who are beholden to no one but the American people, is the best way to approach ethics reform.
Specifically, the bill proposes the CSCC be composed of an equal number of Republicans and Democrats, who will be chosen by both the House and Senate leadership of both parties. That panel will be charged with issuing its first report containing findings, conclusions and recommendations for corrective measures on July 1, with annual reports thereafter. The commission will also be given the authority to hold hearings in order to carry out its duties, as well as subpoena authority, to ensure that its findings result in the best possible recommendations.
I have been working on congressional reform for more than a decade. In 1992 I served on the Joint Committee on Congressional Reform, formed in the wake of the House banking scandal, which recommended many of the reforms that were incorporated into the Contract with America. I believe now, as I did then, that we can always do a better job protecting our constituents’ interests. Establishing a congressional ethics reform commission apart from the one-upmanship currently rampant on Capitol Hill would be a healthy, and long overdue, step for the legislative branch of our government.
These are complicated issues, and we need to seriously consider how these changes would affect the public’s access here on Capitol Hill. For instance, if someone sends me, unsolicited, a book they have written because they want to share their insights into a particular issue, should I be required to return that book because it violates an absolute ban on gifts to members of Congress? Would that kind of ban violate the freedom-of-speech rights of the person who wanted to give me the book, not to mention an individual citizen’s right to communicate with his elected representatives? These are the kinds of questions this commission would have to ponder.
Reform proposals that are distanced from current elected officials and proposed by neutral arbiters can help to restore the public’s trust in the rules and procedures under which Congress governs itself.
We should explore any potential changes judiciously, so that we are not impeded from doing the job we were elected to do. We cannot be insular while serving the American people. Lobbying on behalf of constituents and special interests is entirely legal and a legitimate part of any debate in a democracy such as ours. A bunker mentality in the Senate and House of Representatives will not somehow make us perform our duties better; I believe it would only shield us from those who want their voices to be heard.
I know there is a pressing need to restore the public’s confidence in our legislative process. The most crucial reform we could enact would be to increase the disclosure and transparency requirements for members of Congress as they go about their task of making laws. I long have advocated for full disclosure, in any number of reform proposals, and the situation today is no different. We must continue to enforce the rules and laws that already apply in these areas, and look at new ways to make this information more readily available to the public. Sunshine is and will continue to be the best disinfectant for business on Capitol Hill.
U.S. Sen. Wayne Allard, R-Colo., is the state’s senior senator.
