My colleagues, rebuilding the bonds of trust between those of us who serve in this institution and the American people should be our highest priority. And I think the American people have every right to expect the highest ethical standards…
My colleagues, rebuilding the bonds of trust between those of us who serve in this institution and the American people should be our highest priority. And I think the American people have every right to expect the highest ethical standards of every Member of this institution, and I think it is our obligation to deliver on that commitment to the American people.
Clearly, the Speaker believes that we need to establish this Office of Congressional Ethics because the Ethics Committee process is broken. Let me say, I agree with her. It is broken. It didn't work under Republican control here for at least the last 5 or 6 years that we had the majority in this House, and the lack of evidence that I've seen over the last 15 months, it's not worked well under the Democratic majority either.
In December of 2006, as the Speaker was waiting to take her position, she and I sat down and we talked about this. I expressed to her at the time my serious reservations about some outside, independent group that was responsible to no one. And I mentioned to the Speaker at the time that I thought that our obligations, as the leaders of this institution, were to stand up to make sure that this process really did work.
I think every Member of this institution wants the Ethics Committee process to work fairly, to work honestly, and to work in a bipartisan fashion, because it is our obligation to the American people and the obligation of each and every one of us, for the future of this institution, to make sure that this process works fairly, honestly, and in a bipartisan way.
I was here in 1991. Some of you were. Most of you weren't. I was standing right on the back wall when I and some of my colleagues had information that we read in USA Today about Members of Congress bouncing 8,300-some-odd checks the year before at the House bank. Some of us wanted to know why or how, what was going on at the House bank. And before we could get to the microphones with our privileged resolution, the Speaker of the House was down here in the well of the House. The majority leader was down here in the well of the House. Even the Republican leader was here in the well of the House, and all three of them basically said the same thing: We didn't do anything wrong, and we won't do it again.
So, for those of you that have concerns about the habits of this institution to sweep these issues under the rug, I saw it, and I've seen it since on both sides of the aisle.
When we will not rise up to meet our responsibility as Members, to judge each other and to hold ourselves to a higher ethical standard, I know that tendency. And for those new Members that are here who want to bring this process and make it more transparent and make it more open, trust me, there's no one who will work more closely with you to make it happen. The Ethics Committee process, again, I'm going to say it again, needs to work fairly, it needs to work honestly, and it needs to work in a bipartisan fashion.
In 2005 and 2006, the then minority leader, Ms. Pelosi, the minority whip, Mr. Hoyer, castigated the majority to no end over the issue of, it might have been in 2004 and 2005, over the issue of making changes to the ethics process and the ethics rules in a partisan manner. And I agreed with them. And those changes were later rescinded by a vote in this House.
But over the last 15 months, three times we've had bipartisan, I mean partisan changes to the rules brought to the floor of this House and forced down Members' throats. Three times. Tonight is the fourth time, the fourth time that we've gone down the same path that people decried and decried. And I think all of us on both sides of the aisle know that if this process is going to work fairly and honestly and in a bipartisan manner, it needs to be written in a bipartisan manner. No other way around it.
The members of the task force, Mike Capuano, the gentleman from Massachusetts, the other three Democrat members, Lamar Smith and the other three Republican members really did hard work and really tried to come to some agreement. But when you start to create this outside entity, as an excuse, as a way of saying we're doing something, instead of actually fixing the problem, that's where we could never come to an agreement.
I look around this House and I know that there are a majority of the Members of this House who are opposed to the creation of this Office of Congressional Ethics. I see you. I know who you are. You all know it.
We've been through this process. The 18 years that I've been here, we've been through this process of self-flagellating ourselves and introducing new ethics packages, passing them on the floor of the House, all of it, all of it under some rules of public pressure.
But what we really have never done is to create an ethics process that does work fairly and honestly in a bipartisan manner. I don't know what goes on down there, and I understand there's a reason for some secrecy, but to have some idea that something is moving in the ethics process would be helpful, to know that they are investigating case number whatever it is and that it will move.
But I do think that the proposal that we have tonight before us is partisan. I don't think it'll work. And I don't think it's in the best interest of the American people or this institution.
The current Ethics Committee is made up of five members appointed by the Speaker and five members appointed by the minority leader. It's bipartisan. The problem we have is that the process itself has not worked. And it's been frankly 10 years since it's worked very well. Now, there's a lot of ways to make it work. I think more transparency and more accountability. And I think Members could come to an agreement on making that process work, although I do believe the most important thing that will make it work is a commitment by the leaders on both sides of the aisle to say, we expect the Ethics Committee to work; we expect them to do our job. And the two leaders need to stand there and uphold those Members and the work that they do on behalf of this entire House. It can happen.
But the new proposal is three Members appointed by the Speaker and three Members appointed by myself and we have to come to an agreement. We have six Members that we could, six Members on this outside organization that we could agree on.
Now, the Speaker and I have come to some agreements here over the last couple of weeks, and it's been a very nice and wonderful experience. But to think that we can come to an agreement on six people to serve on this outside panel strikes me as a stretch. I can't imagine who in their right mind would want to serve on this outside panel because of the fighting that's going to occur, not by Members, but by partisan groups on both sides who are going to want to be filing frivolous complaints. And the problem with this outside process is that it does not have the secrecy and accountability that's necessary to ensure that Members' reputations aren't drug through the mud by some partisan charge that may have no basis in fact at all. None.
Now, if the bipartisan process that we have called the Ethics Committee doesn't work, why would we think that this bipartisan outside Ethics Committee is going to work any better?
I just want to say that this institution means a lot to me. It means a lot to, I think, all of us who serve. And before I came to the floor, I was watching the proceedings from my office, and I saw the new Member, the gentleman from Illinois, sitting here, probably was scratching his head wondering on his first day in Congress he's in the middle of this big partisan fight. It's not usually this way. But I've got to tell you that it really isn't usually this way.
What we're about to undertake here is something that will never be undone, if we do it. And if we do it wrong, which I believe it is being done wrong, it will be something that this institution and its Members will live with for a long, long time to come.
And I think there's only one real answer, and I want all of my colleagues to really seriously consider doing the right thing tonight. I think that we ought to defeat the previous question. I think that we ought to send this back to a committee that can, in a bipartisan way, find a way to make the Ethics Committee process work in the fair,
honest and bipartisan manner in which we all want it to work. Let's not paper over the problem. Let us go fix the problem, and the problem is the Ethics Committee process itself.
And so I would ask my colleagues to thank the great work of the bipartisan group of Members who tried to put this together, thank them for their job and the job they did for this institution. But let's also reject this proposal, agree that we will work together in a bipartisan way to do the right thing for our Members, our colleagues, this institution and for the American people.
Defeat the previous question.
Mr. Speaker, parliamentary inquiry.
Mr. Speaker, did I understand that to challenge the vote on the previous question that it would rise to a question of the privileges of the House? Is that correct?
Mr. Speaker, I believe that the privileges of the House have been dishonored, that the rules have been violated.
Mr. Speaker, when could I introduce a privileged motion?
Mr. Speaker, parliamentary inquiry.
If I can't offer a privileged resolution until this business has been completed, there will have been a vote taken on final passage of this rule, which basically takes my remedy away from me. I believe that under the rule as written by the majority that a vote cannot be held open solely for the purpose of trying to change the outcome. It was violated.
Mr. Speaker, I move to adjourn.