To: MSI who wrote (197254 ) 10/13/2002 5:35:22 AM From: stockman_scott Read Replies (1) | Respond to of 436258 Mr. Bush the Reformer? Lead Editorial The Washington Post Sunday, October 13, 2002 BACK IN JULY, President Bush signed the post-Enron reform bill put together by Sen. Paul S. Sarbanes (D-Md.) and sought to share the credit for what he called "the most far-reaching reforms of American business practices since the time of Franklin Delano Roosevelt." In a ceremony at the White House, the president declared that "the era of low standards and false profits is over" and that "no boardroom in America is above or beyond the law." Harvey L. Pitt, Mr. Bush's chairman of the Securities and Exchange Commission, rightly summed up the challenge presented by the law's enactment. "Now we have to implement it," Mr. Pitt said. "We've got our hands full." The events of the past two weeks raise serious questions about whether Mr. Pitt and the president really meant what they said. The single biggest test of the law's implementation -- the selection of a credible chairman for the new audit oversight board -- is being inexplicably mishandled. Having asked a good candidate whether he would accept the job, and having encouraged him to leave his existing job early in order to make himself available, Mr. Pitt is backing away from him, apparently as a result of pressure from the audit lobby. Mr. Bush, who could stiffen Mr. Pitt's resolve by threatening to designate a different SEC commissioner as chairman, has apparently forgotten his reformist promises of three months ago. The good candidate is John H. Biggs, the head of a large retirement fund and a long-standing advocate of honest accounting. Mr. Biggs meets each of the three qualifications for the job laid down in the reform law. He has a demonstrated commitment to the interests of investors, having run investments on behalf of pensioners and campaigned energetically for reforms of corporate governance. He has a strong grasp of accounting, having served as a trustee of the Financial Accounting Standards Board, which writes accounting rules, as well as of the FASB's international counterpart. And he understands auditing, having been a member of the Public Oversight Board that used to oversee the profession. One could not ask for a better candidate, which is presumably why Mr. Pitt initially approached him. Nobody -- not Mr. Pitt, not the White House, not even the lobbyists -- has made a public case against Mr. Biggs. Some have objected that his likely selection was leaked ahead of time to the media, but this isn't Mr. Biggs's fault (all the board members of his pension fund had to be told why he was leaving early), and it's a trivial reason to oppose the appointment of a man who is good on the merits. Others have objected that, since doubts arose about Mr. Biggs's candidacy, his supporters in Congress have protested, rendering the appointment "political." But Mr. Biggs was asked if he wanted the job because of his track record, and that was long before the process became public and contentious. It was politics -- in the form of pressure from lobbies acting through Congress and perhaps even the White House -- that caused Mr. Biggs's appointment to be held up. If Mr. Biggs does not get the job, there will be two kinds of damage. The most qualified candidate will have been passed over, depriving the new watchdog of a strong leader. Even worse, the lobbyists will have demonstrated their sway over the watchdog, undermining its credibility before it is even set up. If Mr. Biggs is pushed aside, what other credible candidate will want a job that's controlled by the industry it is supposed to stand watch over? If Mr. Pitt or Mr. Bush has an answer to this question, we would be interested to hear it. © 2002 The Washington Post Companywashingtonpost.com