House votes to form outside ethics office

WASHINGTON – In a major overhaul of how it polices itself, and in response to a spate of scandals that have tarnished Congress’ image, the House voted Tuesday night to create a panel of outsiders to investigate ethics complaints against lawmakers.

The measure establishes an independent Office of Congressional Ethics in answer to criticism that lawmakers have been reluctant to investigate their own vigorously.

Its passage was a victory for House Speaker Nancy Pelosi, D-Calif., whose party won control of Congress in 2006 in part by highlighting ethical breaches under the Republican majority.

Right up until the final roll call, Pelosi worked hard to overcome opposition from within her own caucus to set up the office, which is intended to make it harder for politics to influence the process. “Remove the doubt that is in the minds of the American people about the integrity of this body,” she pleaded before the vote.

“The public does not trust us,” added Rep. Michael Capuano, D-Mass., who chaired an ethics task force that proposed the outside office.

The measure was approved, 229-182, after a heated debate.

Tuesday’s vote applies to the House. The Senate has rejected the idea as unnecessary.

Opponents complained that lawmakers were abdicating their responsibility and inviting partisan witch hunts.

“This is about the House, and the membership should decide whether any member has failed to meet its standards,” said Rep. Neil Abercrombie, D-Hawaii, delivering an impassioned speech opposing the new office. “Does anybody believe that complaints won’t be in the media immediately, regardless of validity?”

The vote to create the outside ethics office drew mixed reaction from watchdog groups. Common Cause welcomed it; the League of Women Voters complained that the new office lacks the subpoena power needed to do its job.

“The House finally responded to the message the American public sent in the last election about accountability,” said Common Cause President Bob Edgar, himself a former congressman.

Currently, ethics complaints are referred to the House ethics committee, formally known as the Committee on Standards of Official Conduct. But the committee, evenly divided with five Democrats and five Republicans, has been ridiculed for years as a symbol of congressional dysfunction.

The new office will be a panel of six non-lawmakers – possibly retired judges or former members of Congress or staffers – jointly appointed by the House speaker and the minority leader. Lobbyists will not be allowed to serve.

If the outside panel determines that allegations of misconduct warrant further investigation, it will turn its findings over to the ethics committee for action. The outside panel is expected to put pressure on the committee to act. The committee will face new deadlines to act and will be required to release more of its findings to the public. Individuals other than members of Congress would still be barred from filing ethics complaints against lawmakers, though the panel could initiate investigations on its own.