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“Open Czars: A Demand For Government Transparency, Accountability”

Imagine a scenario where an American company deliberately puts two senior managers in charge of the same critical business mission, with each reporting to different branches of the firm. One could hardly envision a more confusing, wasteful, and disjointed system.

Now imagine that scenario being played out in our federal government.

On one track, we have Cabinet-level leaders with defined roles and assigned duties. Their appointments require Senate confirmation and their backgrounds are vigorously vetted. Their actions are subject to congressional hearings and public oversight. The legal authority for these officials is clear and rooted in the Constitution.

On the second track, we have "czars" with fuzzy roles and loosely defined functions. Their responsibilities can be vague; no public vetting of their qualifications is required. Their legal authority is not clear, and their overall charge may actually duplicate or dilute the authority of federal agency leaders who have already received Senate confirmation.

Sound far-fetched? It is not.

In the past nine months, the Obama Administration has named at least 18 new czars whose reported responsibilities may be undermining the constitutional oversight obligation of Congress. The encroachment posed by these positions has raised serious issues of accountability, transparency, and oversight.
The creation of czars, particularly within the Executive Office of the President, circumvents the constitutionally established "advice and consent" role of the Senate. It greatly diminishes the ability of Congress to conduct oversight and to hold officials accountable, and it creates confusion about which officials are responsible for critical policy decisions. Czars can exercise considerable power and influence over major policy issues and yet, they are not required to clear the rigorous Senate confirmation process. Czars bypass this important quality assurance hurdle by a unilateral grant of authority from the President.
My concerns: Which top officials are helping to run America's government? Who is responsible for what? Who is in charge - the czar or the Cabinet official? Who can Congress and the American people hold accountable for government decisions that affect daily life?
I was so concerned by the lack of answers to those questions that I recently offered an amendment to confront the czar issue, which strikes at the heart of government transparency and public accountability.

My amendment would have forced openness on the officials who serve as presidential czars. Unfortunately, opponents used arcane procedural rules to prevent my plan from being fairly considered. It wasn't even allowed a vote.

That was the wrong call.

I believe the proliferation of czars in the Obama Administration must be addressed. Unless this situation is brought under control, it risks the serious erosion of congressional oversight. It endangers leadership credibility because the White House has promised the American people more transparency, not less. And it jeopardizes efficiency and effectiveness when czars weaken or make redundant the leaders of top-level positions already confirmed by the Senate.

Clearly, this expansion of czars is cause for great concern. Czars bring too many cooks into the kitchen, creating the potential for enormous confusion and for costly missteps in decision-making.

My amendment would have cut the federal purse strings for new czars -- restricting their administrative expenses - until an explicit oversight process had been established.

My amendment would have required the President to pledge that every czar would agree to testify and provide information to congressional committees. And it would have required every czar to write a public report, twice a year, explaining recent activities and policy actions to congressional oversight committees.

The amendment would have been a significant step toward developing a public oversight structure for these czar positions. Before I offered it on the floor of the Senate, I wrote a letter to President Obama, asking that he carefully consult with Congress before establishing any additional "czar" positions or filling any existing vacancies in these positions.

That letter, signed by several colleagues, also noted that we stand ready to work with the President. Many critical challenges face America, and we must provide our nation's senior leaders with the legitimacy necessary to do their jobs.

For that to occur, however, it is time for the President to work with Congress to eliminate the serious shortcomings and incursions associated with czars.
It is time to renew our vow to uphold the cherished values of government accountability, oversight and transparency that our nation expects from its leaders.

It is time to bring the czars into the open.