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Fallen Lawmakers Could Lose Pensions

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Times Staff Writer

It has been a long-standing congressional tradition: Lawmakers convicted of crimes might lose their offices, and maybe their freedom -- but not all of their perks.

House Republicans, chagrined by the recent resignation of Randy “Duke” Cunningham of Rancho Santa Fe for taking bribes from lobbyists, say they aim to change that. They introduced legislation Wednesday that would bar lawmakers convicted of various crimes, including bribery, from collecting congressional pensions.

The legislation would not apply retroactively to Cunningham.

Republicans introduced the measure as part of a new, more aggressive counterattack on Democratic efforts to highlight ethics problems buffeting the GOP.

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“It is time to reassure the American people that we are serious about maintaining high ethical standards for all government employees, especially members of Congress,” said Rep. Lee Terry (R-Neb.), one of the measure’s sponsors.

He said the bill demonstrated a recognition among Republicans “that we need to do something to shore up public trust.”

But Rep. Henry A. Waxman (D-Los Angeles) expressed skepticism that the bill would come up for a vote soon.

“This is for public relations purposes,” he said.

A pension is just one of the privileges that former congressmen enjoy. Others include use of the House gym and access to the House floor, matters not addressed by the new bill.

Cunningham, a 15-year House member, is due to collect an estimated congressional pension of $36,000 next year, a benefit that will increase with annual cost-of-living adjustments. He resigned his seat after pleading guilty in late November to taking $2.4 million in bribes and to evading $1 million in taxes. He could get 10 years in prison and a $350,000 fine when he is sentenced Feb. 27.

Federal employees in all branches of government -- including House and Senate members -- now forfeit their pensions if convicted of “crimes against the United States,” such as treason. The legislation introduced Wednesday would add offenses such as bribery, perjury and soliciting gifts as cause for losing retirement benefits.

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A similar measure passed the House in 1996, spurred by former Rep. Dan Rostenkowski (D-Ill.) collecting a nearly $100,000 annual pension after pleading guilty to mail fraud. Cunningham was among those voting for that bill. But it died in the Senate.

Peter Sepp, a spokesman for the National Taxpayers Union, expressed support for the new bill. But given the reluctance of lawmakers to pass the proposal after past congressional scandals, he said, “We’re going to keep the champagne on ice.”

The bill’s sponsors said they would have liked to have stripped Cunningham of his pension, but did not think they could do so without facing a legal challenge.

A lawyer representing Cunningham declined to comment.

Other Republicans facing legal problems include Rep. Tom DeLay of Texas, who was forced to step down as House majority leader after his indictment in Texas on money laundering charges, and Senate Majority Leader Bill Frist of Tennessee, who is under federal investigation on suspicion of financial misdeeds.

Also, several GOP lawmakers -- and some Democrats -- could be tarnished by federal investigations into the financial dealings of lobbyist Jack Abramoff, who developed a large web of connections on Capitol Hill.

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