The House is expected to vote soon on the recommendation to create an independent office to consider ethics complaints made against lawmakers. The task force, led by Representative Michael Capuano (D-MA), was created last year as part of the House's overall effort to reform House ethics standards. Many expect passage of the measure that will set up the Office of Congressional Ethics (OCE), a panel of six board members appointed by the House speaker and the minority leader, with current members and lobbyists ineligible to serve. The body will review alleged ethics violations and then refer matters for further investigation or other action to the House ethics committee.

According to the New York Times; "Inquiries could be started by two members, and the panel would have up to 30 days to conduct a preliminary investigation. At the end of that time, the panel could vote to end the investigation. If a second phase is agreed upon, it could take up to 45 additional days before a required referral to the ethics committee. The report to the panel could recommend no further action, more inquiry or simply provide the facts of the case."

BNA Money and Politics ($$) reports that the National Association of Manufacturers (NAM) lawsuit that is trying to block enforcement of a disclosure provision of the new lobbying and ethics law, has in fact been put on a fast-track schedule that could lead to a court decision before the first disclosure reports are due on April 21. Judge Colleen Kollar-Kotelly said in a court order filed Feb. 8 that a briefing schedule was agreed on that ends in March. All parties agreed to convert the application for a preliminary injunction to a request for a decision on the merits. Therefore, if a ruling is in favor of the government on the merits, the case will be dismissed.

NAM officials have indicated that they do not know whether they will comply with the new law's disclosure requirement if the association does not get a court order blocking the provision. The association argues in its lawsuit that the provision violates the First Amendment rights of NAM and other trade groups to speak out on policy issues and lobby to protect their interests. . . . NAM announced Feb. 6 that it had filed the suit asking the federal district court in Washington to block enforcement of Section 207 of HLOGA, which requires increased disclosure by lobbying organizations of their members and affiliates. The organization said the requirement would lead businesses to curtail their membership in associations because of fear of possible economic retaliation for taking an unpopular stand on policy issues.

The National Association of Manufacturers (NAM) has filed a lawsuit, National Association of Manufacturers v. Taylor, in federal court challenging Section 207 of the Honest Leadership and Open Government Act of 2007, charging that the disclosure rules violate the First Amendment because they are "vague, overbroad and burdensome." The provision being challenged requires registered lobbying organizations and associations to disclose the names of any members that contribute more than $5,000 to the lobbying of the organization who "actively participate in the planning, supervision, or control of such lobbying activities." The provision was meant to disclose "stealth coalitions." NAM also requested a preliminary injunction to prevent enforcement of the provision until the case is decided. A press release from NAM quotes President John Engler extensively ;

It would require associations like the NAM to release the names of many members who contribute more than $5,000 for lobbying activities, violating their right to privacy. The penalties for failure to disclose this information are severe. It is safe to assume that as businesses become aware of the serious implications of this law, many of them will curtail their membership in trade associations. The effect will be to compromise their First Amendment right to express their opinions in the legislative process, and also undermine trade associations which play a critical role in the development of public policy by government.