[House Report 109-439]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-439
HOUSE OF REPRESENTATIVES
2d Session Part 4
======================================================================
LOBBYING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006
_______
April 25, 2006.--Ordered to be printed
_______
Mr. Tom Davis of Virginia, from the Committee on Government Reform,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4975]
[Including cost estimate of the Congressional Budget Office]
The Committee on Government Reform, to whom was referred
the bill (H.R. 4975) to provide greater transparency with
respect to lobbying activities, and for other purposes, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Committee Statement and Views.................................... 3
Section-by-Section............................................... 4
Explanation of Amendments........................................ 5
Committee Consideration.......................................... 5
Roll Call Votes.................................................. 5
Application of Law to the Legislative Branch..................... 5
Statment of Oversight Findings and Recommendation of the
Committee...................................................... 5
Statement of General Performance Goals and Objectives............ 6
Constitutional Authority Statement............................... 6
Federal Advisory Committee Act................................... 6
Unfunded Mandate Statement....................................... 6
Committee Estimate............................................... 6
Budget Authority and Congressional Budget Office Cost Estimate... 6
Changes in Existing Law Made by the Bill as Reported............. 10
Minority Views................................................... 13
The amendments (stated in terms of the page and line
numbers of the introduced bill) are as follows:
Page 44, strike line 15 and all that follows through page
50, line 2, and insert the following:
TITLE VII--FORFEITURE OF RETIREMENT BENEFITS
SEC. 701. SHORT TITLE.
This title may be cited as the ``Federal Pension Forfeiture Act''.
SEC. 702. CONVICTION OF CERTAIN OFFENSES.
(a) In General.--Section 8312 of title 5, United States Code, is
amended in subsection (a)--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or'';
(3) by adding after paragraph (2) the following new
paragraph:
``(3) was convicted of an offense named by subsection (d), to
the extent provided by that subsection.'';
(4) in subparagraph (A), by striking ``and'' at the end;
(5) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(6) by adding after subparagraph (B) the following new
subparagraph:
``(C) with respect to the offenses named by subsection (d),
to the period after the date of the conviction.''.
(b) Offenses Covered.--Such section is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) Subject to paragraph (2), the following are the offenses to
which subsection (a)(3) applies:
``(A) In title 18--
``(i) section 201 (bribery of public officials and
witnesses);
``(ii) section 219 (officers and employees acting as
agents of foreign principals);
``(iii) section 371 (conspiracy to commit offense or
to defraud United States), to the extent of any
conspiracy to commit an act which constitutes an
offense within the purview of such section 201; or
``(iv) section 641 (public money, property or
records).
``(B) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
subparagraph (A).
``(C) Subornation of perjury committed in connection with the
false denial of another individual as specified by subparagraph
(B).
``(2) Paragraph (1) applies only if--
``(A) the offense is committed while the individual is a
Member of Congress, a Congressional employee, or a political
appointee;
``(B) the offense is committed after the date of the
enactment of the Federal Pension Forfeiture Act; and
``(C) the offense is punishable by imprisonment for more than
one year.
``(3) In this subsection, the term `political appointee' means an
individual--
``(A) who is paid at the rate for one of the levels of the
Executive Schedule, as provided under sections 5312 through
5315 or under any other provision of law;
``(B) who is a noncareer appointee in the Senior Executive
Service, as defined in section 3132(a)(7); or
``(C) whose position is excepted from the competitive service
because of its confidential, policy-determining, policy-making,
or policy-advocating character.''.
SEC. 703. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.
Section 8313 of title 5, United States Code, is amended in subsection
(a)(1)--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking ``and'' at the end and
inserting ``or'' ; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) after the date of the enactment of the Federal
Pension Forfeiture Act, for an offense named by section
8312(d) of this title; and''.
SEC. 704. REFUND OF CONTRIBUTIONS AND DEPOSITS.
Section 8316 of title 5, United States Code, is amended in subsection
(b)--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) if the individual was convicted of an offense named by
section 8312(d), for the period after the conviction.''.
SEC. 705. RESTORATION OF ANNUITY OR RETIRED PAY.
Section 8318(b) of title 5, United States Code, is amended by
striking ``section 8314 or 8315'' and inserting ``section 8312(a)(3),
8313(a)(1)(C), 8314, or 8315''.
Page 3, in the matter before line 1, strike the item relating
to section 701 and insert the following:
Sec. 701. Short title.
Sec. 702. Conviction of certain offenses.
Sec. 703. Absence from the United States to avoid prosecution.
Sec. 704. Refund of contributions and deposits.
Sec. 705. Restoration of annuity or retired pay.
Committee Statement and Views
PURPOSE AND SUMMARY
On March 16, 2006, Rep. David Dreier (R-CA) introduced H.R.
4975 to provide greater transparency with respect to lobbying
activities. The legislation would: enhance lobbying disclosure;
require reporting of outside employment negotiations that could
cause conflicts of interest; impose restrictions on privately
funded travel and lobbyist gifts; enhance transparency in the
congressional earmarking process; amend the Federal Campaign
Election Act; and require the forfeiture of retirement benefits
for Members of Congress convicted of certain public interest
related crimes.
H.R. 4975 was referred to the Government Reform Committee
for consideration of Title VII of the legislation, ``Forfeiture
of Retirement Benefits.'' Title VII of the bill as introduced
would prohibit a Member of Congress who gets convicted of a
crime related to public corruption that is punishable by more
than one year imprisonment--for an act committed while the
individual was employed by the federal government--from
accruing retirement benefits based on the time spent as a
Member. The crimes covered by the legislation are 18 U.S.C. 201
(bribery of public officials and witnesses), 18 U.S.C. 219
(officers, employees acting as agents of foreign principals)
and 18 U.S.C. 371 (conspiracy to commit offense or to defraud
United States). In addition, the legislation would give the
Office of Personnel Management the authority to write
regulations providing for the restoration of the forfeited
annuity based on a totality of the circumstances.
BACKGROUND AND NEED FOR LEGISLATION
On February 1, 2006, the Committee held a hearing entitled
``Restoring the Public Trust: A Review of the Federal Pension
Forfeiture Act.'' The purpose of the hearing was to evaluate a
proposal put forward by Chairman Davis which would deny federal
retirement benefits to any Member, congressional employee or
political appointee convicted of a crime related to public
corruption punishable by more than one year imprisonment for an
act committed while the individual was employed by the federal
government. The crimes covered by Chairman Davis's proposal
included 18 U.S.C. 201 (bribery of public officials and
witnesses), 18 U.S.C. 203 (illegally seeking outside
compensation), 18 U.S.C. 209 (illegally seeking outside
compensation), 18 U.S.C. 219 (officers, employees acting as
agents of foreign principals), 18 U.S.C. 371 (conspiracy to
commit offense or to defraud United States), 18 U.S.C. 641
(embezzlement), 18 U.S.C. 1001 (making false statements),
perjury, and subornation.
At the April 6, 2005 mark up, Chairman Davis offered an
amendment designed to bring the pension forfeiture provisions
in H.R. 4975 more in line with the provisions of his proposed
``Federal Pension Forfeiture Act.'' Specifically, the amendment
would deny federal retirement benefits to any Member of
Congress, congressional employee, or political appointee in the
executive branch who gets convicted of a crime related to
public corruption that is punishable by more than one year
imprisonment for an act committed while the individual was
employed by the federal government. The amendment would also
provide the President the discretion to restore a retirement
benefit of an employee, dependent or beneficiary that gets
denied under this legislation.
The purpose of Chairman Davis' amendment is to ensure that
top policymakers in the executive and legislative branches are
sufficiently deterred from yielding to outside influences. This
amendment would provide such a deterrent by denying federal
retirement benefits for federal policymakers convicted of
accepting bribes, defrauding the federal government, embezzling
federal property, or committing perjury.
Section-by-Section
Section 701. Short title
This section provided that the Title VII would be cited as
the ``Federal Pension Forfeiture Act''.
Section 702. Conviction of certain offenses
This section would add the following new offenses to the
list of offenses for which a conviction might require
forfeiture of federal retirement benefits. The new offenses
would include: bribery of public officials and witnesses (18
U.S.C. 201); officers, employees acting as agents of foreign
principals, (18 U.S.C. 219); conspiracy to commit offense or to
defraud United States (18 U.S.C. 371); embezzlement (public
money, property or records) (18 U.S.C. 641); perjury;
subornation. These new offenses would only require forfeiture
if the individual was a Member of Congress, a congressional
staff member, or a political appointee. Furthermore, these new
offenses would only require forfeiture if the offense committed
exposed the individual to a sentence of imprisonment by more
than one year, and the offense was committed after the date of
enactment of this Act. This section would also specifically
define what the term ``political appointee'' means for the
purposes of this section.
Section 703. Absence from the United States to avoid prosecution
This section would add the Federal Pension Forfeiture Act
to the list of penalties which an individual cannot forestall
by simply remaining outside of the United States in order to
avoid prosecution.
Section 704. Refund of contributions and deposits
This section provided that the affected individual would be
entitled to a refund with interest for their contributions
toward the annuity if they were convicted under the Federal
Pension Forfeiture Act.
Section 705. Restoration of annuity or retired pay
The provision would authorize the President to restore the
forfeited annuity of the employee or the employee's dependent
or beneficiary based on the totality of the facts and
circumstances.
Explanation of Amendments
The Committee accepted a substitute amendment to title VII
of H.R. 4975, the provisions of which are explained in the
descriptive portions of this report.
Committee Consideration
On February 1, 2006, the Committee held a hearing entitled
``Restoring the Public Trust: A Review of the Federal Pension
Forfeiture Act.'' The purpose of the hearing was to evaluate a
proposal put forward by Chairman Davis which would deny federal
retirement benefits to any Member, congressional employee or
political appointee convicted of a crime related to public
corruption punishable by more than one year imprisonment for an
act committed while the individual was employed by the federal
government. The Committee heard testimony from: the Honorable
Linda M. Springer, Director, U.S. Office of Personnel
Management; Ms. Chellie Pingree, President, Common Cause; and,
Ms. Joan Claybrook, President, Public Citizen.
On Thursday, April 6, 2006, the Committee met in open
session and ordered reported favorably the bill, H.R. 4975, as
amended, by voice vote, a quorum being present.
Roll Call Votes
No roll call votes were held.
Application of Law to The Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill would deny federal retirement benefits to any Member
of Congress or congressional employee who gets convicted of a
crime related to public corruption that is punishable by more
than one year imprisonment for an act committed while the
individual was employed by the federal government.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 4975. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement whether
the provisions of the reported bill include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4975. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4975 from the Director of
Congressional Budget Office:
H.R. 4975--Lobbying Accountability and Transparency Act of 2006
Summary: H.R. 4975 would amend the Lobbying Disclosure Act
of 1995 and the Federal Election Campaign Act of 1971. Major
provisions of the legislation would expand reporting
requirements for lobbyists and Members of Congress, temporarily
ban privately funded travel, create additional restrictions on
gifts and travel, and require training for Members and staff on
ethics issues. The legislation also would eliminate pension
benefits for Members convicted of certain offenses. In
addition, H.R. 4975 would require certain political
organizations involved in federal election activities to
register with the Federal Election Commission (FEC).
CBO estimates that implementing H.R. 4975 would cost about
$2 million in fiscal year 2007 and $1 million a year in
subsequent years, subject to the availability of appropriated
funds. Enacting the bill could affect direct spending and
revenues from reduced pensions for certain Members of Congress,
and new violations of campaign finance laws, but CBO estimates
that those effects would not be significant.
H.R. 4975 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 4975 would impose several private-sector mandates, as
defined in UMRA, on the lobbying industry and certain political
organizations. Based on information from government sources,
CBO estimates that the total direct cost of all of the mandates
in the bill would fall below the annual threshold established
by UMRA for private-sector mandates ($128 million in 2006,
adjusted annually for inflation).
Estimated Cost to the Federal Government: Estimated
budgetary impact of H.R. 4975 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
------------------------------------------------------------------------
By fiscal year, in millions of
dollars--
---------------------------------------
2007 2008 2009 2010 2011
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION a
Estimated Authorization Level... 2 1 1 1 1
Estimated Outlays............... 2 1 1 1 1
------------------------------------------------------------------------
a Enacting the bill could also reduce pensions for certain Members of
Congress, and increase revenues from civil penalties, but CBO
estimates any such effects would be less than $500,000 a year.
Basis of Estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of fiscal year 2006 and that
spending will follow historical patterns for similar
activities.
Spending subject to appropriation
The legislation would expand reporting requirements for
lobbyists and would require the Congress to provide Members and
staff with additional training on ethics issues. Based on
information from Congressional administrative staff, CBO
estimates that Congressional offices and committees would spend
about $1 million annually to collect and disseminate newly
reported information from lobbyists and to provide the required
ethics training.
In addition, H.R. 4975 would require certain political
organizations, defined by section 527 of the tax code, to
register with the FEC. Based on information from the FEC and
subject to the availability of appropriated funds, CBO
estimates that implementing the legislation would cost the FEC
about $1 million in fiscal year 2007. This cost covers the one-
time computer-related expenses as well as writing new
regulations to implement the new provisions of the legislation.
In future years, the legislation would increase general
administrative costs to the FEC, but we estimate that those
additional costs would not be significant.
Revenues and direct spending
Enacting H.R. 4975 would likely increase collections of
fines and penalties for violations of campaign finance law for
failure to register with the FEC. Such collections are recorded
in the budget as revenues. CBO estimates that the additional
collections of penalties and fines would not be significant
because of the relatively small number of cases likely to be
involved.
H.R. 4975 would also deny pension benefits (based on
periods of elected service) to Members convicted of bribery,
acting as foreign agents, or defrauding the federal government.
CBO estimates that any savings in direct spending as a result
of this provision would not be significant because we expect
that the number of violations would be small.
Estimated impact on State, local, and tribal governments:
H.R. 4975 contains no intergovernmental mandates as defined in
the UMRA and would impose no costs on state, local, or tribal
governments.
Estimated impact on the private sector: H.R. 4975 would
impose several private-sector mandates, as defined in UMRA, on
the lobbying industry and certain political organizations. The
bill would impose new restrictions on lobbying activities and
require lobbyists and lobbying organizations to submit
additional reports and disclosures to the Senate Office of
Public Records and the Office of the Clerk of the House. The
bill also would require certain 527 organizations to register
as political committees with the Federal Election Commission
and comply with current regulations on federal campaign
finance. Based on information from government sources, CBO
estimates that the total direct cost of all of the mandates in
the bill would fall below the annual threshold established by
UMRA for private-sector mandates ($128 million in 2006,
adjusted annually for inflation).
The bill would impose several new requirements on lobbyists
and lobbying organizations. Requirements on lobbyists and
lobbying organizations would include but not be limited to:
Electronic filing of lobbyist registrations
and disclosure reports filed with the Secretary of the
Senate or the Clerk of the House of Representatives;
Quarterly, instead of semiannual, filing of
lobbying disclosure reports; and
Additional information in registration and
disclosure reports including information on:
contributions to Members, Congressional staff, federal
officers and political entities by lobbyists; any gifts
distributed by lobbying entities; and whether or not
each registered lobbyist had prior experience as a
covered executive or legislative branch official.
As of January 1, 2006, all lobbyists and lobbying
organizations must register and file semiannual disclosure
reports electronically to the Clerk of the House. However,
electronic reporting is still optional for lobbyists and
lobbying organizations filing in the Senate. Since all
lobbyists must file similar reports to both the Clerk of the
House and the Secretary of the Senate, the incremental cost of
filing reports electronically to the Senate should be minimal.
Generally, because such entities already collect the
information requested in the registration and disclosure
reports, CBO estimates that the incremental costs associated
with the new reporting requirements in the bill would not be
substantial relative to UMRA's annual threshold for private-
sector mandates.
The bill also would prohibit lobbyists from traveling on an
aircraft that is owned by a client and is not licenced by the
FAA to operate for compensation if a Member, delegate, resident
commissioner, officer or employee of the House is on board.
According to government and industry sources, roughly 500 or
less of those recorded flights are made each year. That
estimate includes federal officials and staff from both the
executive and legislative branches. H.R. 4975 would only
restrict the travel of a lobbyist with House officials and
staff. The bill would not prohibit employees of the client from
traveling on such planes with a Member, delegate, resident
commissioner, officer or employee of the House. Thus, CBO
estimates that the direct costs associated with complying with
the mandate would be minimal compared to UMRA's threshold.
The bill would change the definition of a political
committee to include certain ``527'' organizations, as defined
by section 527 of the Internal Revenue Code. Those
organizations would be required to register as political
committees with the FEC and comply with current regulations on
federal campaign finance including certain limits on
contributions and reporting and disclosure requirements. Based
on information from the FEC, CBO estimates that the direct
costs associated with those requirements would be minimal.
Previous CBO estimates: Many of the lobbying reform and
campaign finance provisions in the eight pieces of legislation
listed below are contained in H.R. 4975. The differences among
these bills are reflected in the cost estimates. However, the
four versions of H.R. 4975 are very similar, and as such, their
estimated costs are nearly identical.
On April 19, 2006, CBO transmitted a cost
estimate for H.R. 4975 as ordered reported by the House
Committee on Rules on April 5, 2006.
On April 19, 2006, CBO transmitted a cost
estimate for H.R. 4975 as ordered reported by the House
Committee on House Administration on April 6, 2006.
On April 19, 2006, CBO transmitted a cost
estimate for H.R. 4975 as ordered reported by the House
Committee on the Judiciary on April 5, 2006.
On March 7, 2006, CBO transmitted a cost
estimate for S. 2349, the Legislative Transparency and
Accountability Act of 2006, as ordered reported by the
Senate Committee on Rules and Administration on March
1, 2006.
On March 6, 2006, CBO transmitted a cost
estimate for S. 2128, the Lobbying Transparency and
Accountability Act of 2006, as ordered reported by the
Senate Committee on Homeland Security and Governmental
Affairs on March 3, 2006.
On July, 13,2005, CBO transmitted a cost
estimate for H.R. 513, the 527 Reform Act of 2005, as
ordered reported by the House Committee on
Administration on June 29, 2005.
On July 6, 2005, CBO transmitted a cost
estimate for S. 1053, the 527 Reform Act of 2005, as
ordered reported by the Senate Committee on Rules and
Administration on April 27, 2005.
On June 17, 2005, CBO transmitted a cost
estimate for H.R. 1316, the 527 Fairness Act of 2005,
as ordered reported by the House Committee on House
Administration on June 8, 2005.
Estimate prepared by: Federal Costs: Matthew Pickford and
Deborah Reis. Impact on State, Local, and Tribal Governments:
Sarah Puro. Impact on the Private-Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
Pursuant to the terms of the referral of the bill to the
Committee, the Committee adopted an amendment striking those
provisions which were referred to the Committee and inserting
new text.
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the provisions of the bill referred to the Committee, as
reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italics, existing law in which no change is proposed is shown
in roman):
CHAPTER 83 OF TITLE 5, UNITED STATES CODE
CHAPTER 83--RETIREMENT
* * * * * * *
SUBCHAPTER II--FORFEITURE OF ANNUITIES AND RETIRED PAY
* * * * * * *
Sec. 8312. Conviction of certain offenses
(a) An individual, or his survivor or beneficiary, may not be
paid annuity or retired pay on the basis of the service of the
individual which is creditable toward the annuity or retired
pay, subject to the exceptions in section 8311(2) and (3) of
this title, if the individual--
(1) was convicted, before, on, or after September 1,
1954, of an offense named by subsection (b) of this
section, to the extent provided by that subsection;
[or]
(2) was convicted, before, on, or after September 26,
1961, of an offense named by subsection (c) of this
section, to the extent provided by that subsection[.];
or
(3) was convicted of an offense named by subsection
(d), to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies--
(A) with respect to the offenses named by subsection
(b) of this section, to the period after the date of
the conviction or after September 1, 1954, whichever is
later; [and]
(B) with respect to the offenses named by subsection
(c) of this section, to the period after the date of
conviction or after September 26, 1961, whichever is
later[.]; and
(C) with respect to the offenses named by subsection
(d), to the period after the date of the conviction.
* * * * * * *
(d)(1) Subject to paragraph (2), the following are the
offenses to which subsection (a)(3) applies:
(A) In title 18--
(i) section 201 (bribery of public officials
and witnesses);
(ii) section 219 (officers and employees
acting as agents of foreign principals);
(iii) section 371 (conspiracy to commit
offense or to defraud United States), to the
extent of any conspiracy to commit an act which
constitutes an offense within the purview of
such section 201; or
(iv) section 641 (public money, property or
records).
(B) Perjury committed under the statutes of the
United States in falsely denying the commission of an
act which constitutes an offense within the purview of
a statute named by subparagraph (A).
(C) Subornation of perjury committed in connection
with the false denial of another individual as
specified by subparagraph (B).
(2) Paragraph (1) applies only if--
(A) the offense is committed while the individual is
a Member of Congress, a Congressional employee, or a
political appointee;
(B) the offense is committed after the date of the
enactment of the Federal Pension Forfeiture Act; and
(C) the offense is punishable by imprisonment for
more than one year.
(3) In this subsection, the term ``political appointee''
means an individual--
(A) who is paid at the rate for one of the levels of
the Executive Schedule, as provided under sections 5312
through 5315 or under any other provision of law;
(B) who is a noncareer appointee in the Senior
Executive Service, as defined in section 3132(a)(7); or
(C) whose position is excepted from the competitive
service because of its confidential, policy-
determining, policy-making, or policy-advocating
character.
[(d)] (e)(1) * * *
* * * * * * *
Sec. 8313. Absence from the United States to avoid prosecution
(a) An individual, or his survivor or beneficiary, may not be
paid annuity or retired pay on the basis of the service of the
individual which is creditable toward the annuity or retired
pay, subject to the exceptions in section 8311(2) and (3) of
this title, if the individual--
(1) is under indictment, or has outstanding against
him charges preferred under the Uniform Code of
Military Justice--
(A) after July 31, 1956, for an offense named
by section 8312(b) of this title; [or]
(B) after September 26, 1961, for an offense
named by section 8312(c) of this title; [and]
or
(C) after the date of the enactment of the
Federal Pension Forfeiture Act, for an offense
named by section 8312(d) of this title; and
* * * * * * *
Sec. 8316. Refund of contributions and deposits
(a) * * *
(b) A refund under subsection (a) of this section shall be
made with interest at the rate and for the period provided
under the statute, regulation, or agreement under which the
annuity would have been payable. However, interest may not be
computed--
(1) if the individual was convicted of an offense
named by section 8312(b) of this title, or violated
section 8314 or 8315(a)(1) of this title, for the
period after the conviction or commission of the
violation, or after September 1, 1954, whichever is
later; [or]
(2) if the individual was convicted of an offense
named by section 8312(c) of this title, or violated
section 8315(a)(2) of this title, for the period after
the conviction or commission of the violation, or after
September 26, 1961, whichever is later[.]; or
(3) if the individual was convicted of an offense
named by section 8312(d), for the period after the
conviction.
* * * * * * *
Sec. 8318. Restoration of annuity or retired pay
(a) * * *
(b) The President may restore, effective as of the date he
prescribes, the right to receive annuity or retired pay which
is denied, before, on, or after September 1, 1954, under
[section 8314 or 8315] section 8312(a)(3), 8313(a)(1)(C), 8314,
or 8315 of this title, to the individual and to his survivor or
beneficiary.
* * * * * * *
MINORITY VIEWS ON H.R. 4975, THE LOBBYING ACCOUNTABILITY AND
TRANSPARENCY ACT OF 2006
The Committee considered the pension reform provisions of
H.R. 4975, a proposal developed by the Republican leadership in
the name of reforming ethics practices in the legislative
branch. Unfortunately, H.R. 4975 constitutes a partisan effort
that would not take steps essential to cleaning up the culture
of corruption pervasive in Washington today.
In the recent months, we have seen a senior Republican
member of Congress plead guilty to taking millions of dollars
in bribes. We have seen top aides to the former Republican
Majority Leader plead guilty to public corruption charges. We
have seen members of Congress acknowledge that their families
are taking commission payments out of contributions to their
own campaigns.
This culture of corruption has real consequences for the
American public. During consideration of the Medicare
prescription drug bill, the Bush Administration illegally
withheld cost estimates from Congress, the Administration's top
Medicare official secretly negotiated job offers representing
drug companies, and, according to one Republican member who
opposed the legislation, Republican leaders offered a bribe on
the House floor. The resulting law has led to enrichment of
drug companies and private insurers, while failing to ensure
significant savings for seniors in the purchase of popular
drugs.
Meaningful ethics reform should provide for an oversight
mechanism that would identify and punish corrupt lawmakers.
H.R. 4975 fails to ensure the existence of such entity.
Instead, the Republican leadership has undermined oversight by
the House Ethics Committee with rules changes that have led to
quagmire.
There are numerous other gaping holes in H.R. 4975. For
example, it fails to place meaningful restrictions on gifts
from lobbyists. It doesn't address the use of corporate jets
for official travel. And it omits steps necessary to restore
integrity to the legislative process, such as prohibiting House
voting practices like keeping votes open for hours to twist
arms.
For these reasons, we oppose H.R. 4975.
Henry A. Waxman.
Tom Lantos.
Carolyn B. Maloney.
Elijah E. Cummings.
Dennis J. Kucinich.
Diane E. Watson.
Chris Van Hollen.
Eleanor Holmes Norton.