Lawmakers Introduce Bill to Curtail “Czars”

By Susan Brinkmann, OCDS
Staff Writer

Amidst the controversy over Obama’s “green jobs czar”, Van Jones, who was forced to resign this past weekend, a bill designed to shut down the dangerous practice of appointing “czars” by executive privilege has been introduced in the House.

Rep. Jack Kingston (R-GA) introduced the Czar Accountability and Reform Act (HR 3226) which would cut off the salaries of czars, which are estimated at $172,000 plus a staff of 10+ people. 

“Who are these people and why are they necessary?” Kingston asked in a recent press release. “Why do we need an Energy Czar and a Secretary of Energy?  Why do we need a TARP Czar and a Secretary of Treasury?  Why was a 31 year old with no background in the auto industry and who drives a foreign car appointed as the Auto Recovery Czar?  What qualifies a college professor to set executive salaries?”

The answer to these questions is unknown because, unlike cabinet secretaries, judges and hundreds of other presidential appointment, Obama’s 39 czars have bypassed the section in the U.S. Constitution which mandates the advice and consent of the Senate when the President appoints any principle officers. In many cases, these czars answer directly to the President, which many believe may raise Constitutional issues.

As a result, Rep. Kingston and 34 co-sponsors have introduced a bill that would prohibit the use of taxpayer money to pay for salaries or expenses of any “task force, council, or similar office which is established by or at the direction of the President and headed by an individual who has been inappropriately appointed to such a position (on other than an interim basis), without the advice and consent of the Senate.”

Introduced on July 15, 2009, the bill was referred to the Subcommittee on Government Management, Organization, and Procurement where it has languished since July 31.

Although there are no Democratic co-sponsors of the bill, complaints about Obama’s czars have been coming from both sides of the aisle. The senior Senate Democrat, Robert Byrd of West Virginia (who is third in line for the U.S. presidency after Joe Biden and Nancy Pelosi), wrote a letter to Obama in February expressing his concern about the appointment of so many czars. Byrd called these czar appointments are a “power grab by the executive branch” that violates both the constitutional system of checks and balances and the constitutional separation of powers. He said they are a clear attempt to evade congressional oversight.

Currently, there are 39 czars with the number increasing almost daily. A partial list of these titles include an Afghanistan Czar, an AIDS Czar, Border Czar, Car Czar, Climate Czar, Copyright Czar, Cyberspace Czar, Drug Czar, Economic Czar, Education Czar, Energy Czar, Executive Pay Czar, Faith-Based Czar, Great Lakes Czar, Green Jobs Czar, Guantanamo Closure Czar, Health Reform Czar, Infotech Czar, Intelligence Czar, Iran Czar, Middle East Peace Czar, Non-Proliferation Czar, Persian Gulf/SE Asia Czar, Regulatory Czar, Science Czar, Stimulus Accountability Czar, Sudan Czar, TARP Czar, Terrorism Czar, Urban Czar, War Czar, and WMD and Terrorism Czar.

“The long list of Obama’s czars, accountable to no one except Obama himself, is one of his most worrisome and expensive notions,” writes Phyllis Schlafly, constitutional attorney and political activist. “The President is entitled to have his own advisers, but these czars are directly dictating policy, and nobody really knows the extent of their powers. Whatever happened to Obama’s campaign promise of transparency?”

Transparency is just one of many issues surrounding the appointment of czars, says Rep. Kingston.“In these times of tight budgets, we need to know what these new offices are going to cost us.  Most czars make $172,000.  Each has an office, a staff, transportation and travel budgets.  Who’s watching this?”

He adds: “Was anyone watching when the Stimulus Accountability Czar spent $18 million setting up a web page?  He certainly never asked Congress for the money.  Each year every cabinet secretary must sit before several House and Senate Committees to ask for and justify his or her budget.  But not these czars – not one has come before Congress.”

While both Presidents Bill Clinton and George W. Bush also had a small number of czars, the Obama administration has taken the practice to new and more worrisome heights, which is why Rep. Kingston and his colleagues believe it’s time to rein in the practice.

“I believe the President has the right to pick his own team and push his own agenda, but I also believe in the balance of power,” Rep. Kingston says.  “The legislative branch must exercise its constitutional authority to vet these czars and review their budget.  If the President can make the case, let him have all the czars he wants.  But let’s have transparency, accountability and balance.”

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