Lowering the Bar for Government Ethics?

Critics Say Republican Moves Reflect Growing Influence of Money on Politics

House Republicans scrapped a rule so Rep. Tom DeLay (Tex.) could remain majority leader even if indicted. (Ray Lustig -- The Washington Post)

A series of high-profile challenges to ethical standards by congressional leaders and administration officials has led watchdog groups to complain about a general loosening of standards for public officials' conduct.

The latest example is a plan by Republican House leaders to make it more difficult to bring an ethics complaint against a member. Last month, Republicans in the House scrapped an 11-year-old rule requiring party leaders to step aside if they are indicted, allowing Majority Leader Tom DeLay (R-Tex.) to keep his job if a state grand jury indicts him in its probe into alleged illegal corporate political donations.

Challenges to ethical standards seem to follow a pattern. When Bill Clinton took office in 1993, his administration imposed a five-year ban on lobbying by administration officials after their retirement. Clinton's administration dropped that ban near the end of his second term -- when many officials were about to go into the private sector.

Now, with the Republicans strengthening their hold over the House and Senate, and President Bush winning a second term, it is the GOP that is wrestling with ethics restraints. "When a party is in power for a certain amount of time, they get more lax about ethics," said Celia Viggo Wexler, vice president for advocacy at Common Cause. "You also see a kind of culture growing up that is troubling: If there's a rule that's nettlesome or in your way, just get rid of it."

On Dec. 15, former House Energy and Commerce Committee chairman W.J. "Billy" Tauzin (R-La.) took a job as top lobbyist for the pharmaceutical industry. Tauzin and another prominent House member had negotiated jobs for themselves while heading panels responsible for legislation that affected the lawmakers' prospective employers.

The previous week, the White House vigorously defended Bernard B. Kerik, its choice for secretary of homeland security, against conflict-of-interest allegations -- including earning $6.2 million in two years consulting for a company that did business with the Department of Homeland Security. Kerik withdrew only after more personal revelations emerged.

In addition, the Department of Health and Human Services granted a waiver to a top administration official so he could negotiate a job for himself even while working on legislation that could benefit prospective employers. Meanwhile, a Pentagon civilian official arranged a favorable contract for Boeing Co. before taking a job with the aerospace manufacturer.

Ethics and government accountability groups say these events are a sign of weakening ethical restrictions. "We're seeing an easing of ethical standards and disclosure standards," said Charles Lewis, who runs the nonprofit Center for Public Integrity. "They can dress it up any way they want, but they're trying to increase the employment opportunities for their officials."

For example, the Office of Government Ethics has proposed, and Bush supports, legislation to ease financial disclosure requirements for government officials, reducing the amount of conflict-of-interest information that candidates and their families must report. The House recently passed a version of the legislation.

In addition, the ethics office last month issued a new rule, without giving notice or allowing public comment, that would make it easier for retiring administration officials to lobby former subordinates. The OGE says that Cabinet secretaries would still be blocked by other rules and that its changes were routine. But numerous nongovernmental analysts say the changes were a significant loosening of restrictions, a change championed by business interests.

Those who favor reduced disclosure standards say they are trying to help recruit the best candidates to government service. The OGE said its proposed changes would "encourage qualified citizens to answer the call to public service but will not sacrifice the goals of public financial disclosure."

Several experts in the government workforce agree that the problem goes beyond ethical reporting standards and say the source is the growing influence of money in politics. "I don't think the amount of rules and regulations are helping," said Paul C. Light of the Brookings Institution. "A lot of people meet the rules but do not aspire to politically ethical conduct. . . . There is this sense that if Tom DeLay can get away with it, so can I."

Tauzin, when he was chairman of the House Energy and Commerce Committee earlier this year, negotiated to take jobs with two major lobbying groups, the Motion Picture Association of America and the Pharmaceutical Research and Manufacturers of America; he just took the PhRMA job.

Similarly, Rep. James C. Greenwood (R-Pa.), being recruited by the Biotechnology Industry Organization this summer, canceled a committee hearing he was to chair on the safety of antidepressants. Greenwood will become president of the biotechnology trade group next month.