Mr. Speaker, I thank the gentleman from West Virginia (Mr. Mollohan) for yielding me this time. I had the opportunity to serve on the House Committee on Standards of Official Conduct for a little over 6 years during some very difficult…
Mr. Speaker, I thank the gentleman from West Virginia (Mr. Mollohan) for yielding me this time.
I had the opportunity to serve on the House Committee on Standards of Official Conduct for a little over 6 years during some very difficult times for this institution. I remember Speaker Foley calling me and asking me to serve on the Committee on Standards of Official Conduct. It was not a request. I was being drafted to carry out a very important responsibility that we all have. Under the Constitution, we must judge the conduct of our own Members. It is a solemn responsibility. How we go about doing that will reflect on the integrity of this institution, and that is why it is so important that we do it in the right manner and in a bipartisan manner.
Mr. Speaker, we are all human and we do make mistakes, and that is why we need a Committee on Standards of Official Conduct, to give guidance to Members as well as monitor the conduct so the public has confidence that in fact we are carrying out our Constitutional responsibility to judge the conduct of our Members.
For that reason, I thank the gentleman from West Virginia (Mr. Mollohan) for his service on the Committee on Standards of Official Conduct, very distinguished service on behalf of this institution. And I also thank the gentleman from California (Mr. Berman), who has devoted much of his time to the ethics work, as has the gentleman from Massachusetts (Mr. Delahunt). I thank him for his work on ethics issues. We do not issue many press releases for this work. This is not something Members do because they want to do, it is something Members do because they have to.
Mr. Speaker, I was on the Committee on Standards of Official Conduct when
we had the charges brought against Speaker Gingrich and the so-called banking scandal. Both of those issues were highly publicized, received a lot of attention and were extremely difficult matters. I was one of the four members of this body that served on the investigative subcommittee on Speaker Gingrich. We spent hundreds of hours in deliberations and in preparations. We spent months in work, but we reached a conclusion. We reached a conclusion not because it was easy. We reached a conclusion because we were able to listen to each other. We worked not as Democrats or Republicans. We worked as Members of this body to do what we are required to do, and that is to judge the conduct of one of our own Members, and we reached a unanimous conclusion.
As a result of that particular case, this body thought that we should review the rules under which the Committee on Standards of Official Conduct operates. We thought it was appropriate to review the process that we use. So what did we do after the Gingrich investigation? The majority leader and the minority leader sat down and worked out a process that would maintain the bipartisan reputation of the ethics process and allow a fair, transparent, open process for looking at changes in our ethics rules.
I was named the co-chair of that task force along with Bob Livingston, a Republican, who was named the other co-chair, and we had an equal number of Democrats and Republicans on that task force. We held hearings, and we had witnesses who came before us. Members came before us, and we looked at the concerns that were expressed during the Gingrich investigation about trying to move in a more timely manner to give due process to each Member and looked at ways to streamline the process but still maintain the integrity of the ethics process. That was our charge. We came up with changes, and we did that in a bipartisan vote of our commission.
The only way the ethics process works is if it is bipartisan. We cannot do it just because one side has the votes in the majority. We must maintain the bipartisan manner of the ethics process, including the way we change the rules, if we are going to be able to maintain the integrity of the process and be able to look the public in the eye and say, yes, we are carrying out our constitutional responsibilities to judge conduct of our own Members.
The gentleman from West Virginia (Mr. Mollohan) has gone through the three rules changes passed at the beginning of this Congress on a partisan vote. I want to talk about one, the automatic dismissal.
It was interesting, in 1997, a Member of this body offered an amendment to our rules package and suggested after 180 days there be an automatic dismissal of a complaint, a much more modest proposal than the one ultimately brought forward by the Republican leadership and passed by the membership on the first day of this session by this Congress. That 180-day automatic dismissal was rejected by a bipartisan vote in this body in 1997. The reason was quite simple: We thought it would just add or just bring us to partisan gridlock.
Unfortunately, I think that is exactly what is happening. The first day of this session we passed a rules change that says after 45 days there is an automatic dismissal of a complaint that is brought. So inaction becomes action. There have been many serious issues that have confronted this Nation that have taken us terms of Congress to deal with. For instance, in working on the welfare reauthorization bill, we have been working on that for three Congresses, and we have not been able to pass it. It has taken time. Inaction here becomes action. That is not what it should be and obviously will not have credibility with the public.
Partisanship is rewarded with a deadlock being dismissal. Each of us belongs to a political party. The pressure on us would be immense just to do nothing for 45 days. I think that is quite obvious. And that gets rewarded.
The ethics process must be bipartisan. We should not have a basic rule that rewards partisanship. And then delay is rewarded. Inaction is rewarded, as I indicated. And the complexity of the issues that you have to deal with on the Ethics Committee would give you a practical reason to say, Well, I'm sorry, we couldn't complete it in time and now there's an automatic dismissal.
I think about the Gingrich case that I had to investigate, and I think about the complexities and the documents and the depositions and all the work that we did in that case. You could not possibly have done that in 45 days and do justice to the Member who is accused or the institution that is being challenged as to whether we can, in fact, investigate a case fairly. Yet this rule change will say, if you cannot complete it in 45 days, there can be an automatic dismissal.
So, Mr. Speaker, for all the reasons that the gentleman from West Virginia has pointed out on substance, these rules changes were wrong; but I think the underlining point, the most important point here is the process must be bipartisan. It was violated in these rules changes that were passed at the beginning of this Congress. I urge my colleagues to listen to the gentleman from West Virginia. Let us repeal those three rules changes and go back to a process that has served this institution well over many, many Congresses, a bipartisan process, a true bipartisan process to look at rules of the committee and, if changes are needed, to do that in a bipartisan manner rather than by the strict votes of the majority. I would urge us to do that for the sake of the integrity of this institution.
Mr. Speaker, will the gentleman yield?
Mr. Speaker, I appreciate the gentleman from Massachusetts' comments, and I agree completely with his point. The point that all of us who have served on the Committee on Standards of Official Conduct and have gone through investigations understand that when we meet in that investigative setting when we have a specific matter before us and when we start looking at the rules of the House and the precedence of the House, we do not get into a disagreement along party lines as to what the rules are and what the expected conduct is. We then look at the facts, and once again the facts become the facts, and we do not divide along party lines as to what the facts are and how we apply them to the rules, and generally, as the gentleman from California (Mr. Berman) pointed out, in an overwhelming number of cases we reach consensus, unanimous judgment, as to what the rules of the House applied to the facts require us to do.
And even when we reach disagreement, it is not along party lines. Sometimes there is disagreement on the interpretation of the rules or the facts, but they are not along party lines.
In every case that I can ever recall in the Committee on Standards of Official Conduct, that is exactly how we proceeded and reached judgment, because of the point that the gentleman said, the seriousness of our work and the credibility of this institution and the confidence of this institution is very much affected by it.
I think what is extremely disappointing is that we now have rules changes that were dictated in a very partisan manner that make it impossible for the committee to function. This is one of the few bastions of nonpartisan activity within the Congress. Now that is unable to operate because of the way the rules changes were made, and I just thank the gentleman for underscoring how important this matter is.
I cannot think of any case that we ever had that could have been handled in 45 days. I am just trying to think about the time period for answer, the time period for staff review, the time period just to verify basic simple facts. Even in the simplest case, I do not know of any case that we could have handled in a professional manner within a 45-day period.
Mr. Speaker, if the gentleman will yield further, just as a final comment in answer to the gentleman from Massachusetts (Mr. Delahunt), I do not know of it ever being done the way these rules changes were made. We have always had a deliberative process for the reasons the gentleman from California (Mr. Berman) and the gentleman from West Virginia (Mr. Mollohan) pointed out, so we have a chance to understand the ramifications of these changes. We have never had significant changes to the ethics rules done on the opening day by the majority without working with the minority.