Senate Appropriations Chairman Robert Byrd (D-W.Va.) has for the first time required all Democratic staff on his committee to provide him with a detailed disclosure of any direct or indirect conflicts of interest they may have as a result of actions taken by the panel.
Senate aides are required to disclose some basic conflicts of interest as part of their employment, and a number of Senators in recent years have imposed more stringent disclosure rules on their personal staff. But Byrd appears to be blazing new territory in requiring aides to disclose even indirect conflicts, such as employment of a spouse by a federal agency, even if the aide’s work does not directly involve that agency’s budget.
“Ethics is not a ‘who cares’ issue for Sen. Byrd,” Byrd spokesman Tom Gavin said. Gavin also said that given recent controversies involving earmarks and the appropriations process, Byrd “takes this issue very seriously.”
Byrd’s new disclosure requirements — which apply to aides, their spouses and also other family members — make up the broadest voluntary transparency measure taken by an appropriator in either the House or Senate.
Senate Appropriations ranking member Thad Cochran (R-Miss.) has not imposed a similar rule on GOP committee and subcommittee staff. A spokeswoman for House Appropriations Chairman David Obey said the Wisconsin Democrat also does not require aides to disclose potential conflicts of interest. And while a spokesman for House Appropriations ranking member Jerry Lewis (R-Calif.) did not return calls for comment, House and Senate aides said it does not appear he has followed Byrd’s lead either.
Bill Allison, a senior fellow at the government watchdog group Sunlight Foundation, hailed Byrd’s disclosure rules, arguing that while the public generally has been concerned with instances in which lawmakers or aides have a direct benefit from their official actions, “the committee should be asking harder questions than the general public might” to ensure no appearance of conflicts exists.
“It’s astonishing that they haven’t done it in the past,” Allen said, adding that while most aides may be honest public servants who would not use their official position to benefit themselves or their families, “the fact that it looks like they are [in some cases] ... raises the question in the public’s mind.”
In a Jan. 31 letter to committee aides, Byrd explained that to protect the “integrity and reputation of the Senate Appropriations Committee,” it would be necessary to put “procedures in place to avoid conflicts which might interfere with the independent exercise of judgment in the public interest. As a result, I request that you immediately notify me in writing of any circumstance that you face that might present a conflict of interest or the appearance of a conflict.”
Byrd also noted that the committee disclosure “is in addition to any other financial disclosure or ethics disclosure required of you as a condition of employment in the United States Senate.”
The memo then lays out a series of examples in which aides are to disclose potential conflicts, including:
• an aide’s own outside employment;
• “significant and detailed discussions” with future employers who may be affected by Appropriations Committee actions;
• serving as “officer or director of an organization that receives appropriated funds”;
Rep. Elijah Cummings, D-Md., right, hugs Harold Schaitberger, General President of the International Association of Fire Fighters, after the Congressman spoke at the IAFF's Legislative Conference General Session at the Hyatt Regency on Capitol Hill, March 9, 2015. The day featured addresses by members of Congress and Vice President Joe Biden.