Statement of Administration Policy: H.R. 5043 - Integrity in Post-Employment Act

(House)
(Frank (D) MA and 14 others)

The Administration supports efforts to improve and clarify the current statutory restrictions applicable to Federal officials and employees after they leave the Government, and applauds the application of the post-employment laws to the legislative branch for the first time. The Administration, however, cannot support H.R. 5043 because the bill contains objectionable provisions. Accordingly, the Administration recommends that H.R. 5043 not be considered under suspension of the rules so that it can be amended to delete the following objectionable provisions, which would:

—    seriously weaken present law by prohibiting only acts that are performed for compensation, which could lead to abuses and circumvention of the purposes of the statutory restrictions on post-employment activities;

—    apply the post-employment restrictions for the first time to the President and Vice President, with ramifications that are unknown and have not been explored, since this provision was never considered in the normal legislative process in hearings; and

—    provide significantly narrower coverage of legislative branch personnel than would be imposed on executive branch officers and employees, and exempt judicial branch personnel entirely.

The bill also fails to repeal an objectionable provision of current law that requires the Office of Government Ethics (OGE) to designate positions with significant decision-making or supervisory responsibilities, paid at GS-17 or above, or at 07 and 08 in.the military, or at SES rates, for coverage under the one-year ban on representing others before one's former agency. This provision has produced unfair results, and creates uncertainty and confusion of coverage, which are inappropriate for a criminal statute.