Reagan Vetoes Ethics Bill as Unfair to Ex-Officials

President Reagan, setting the stage for a contentious battle in the next Congress, on Wednesday announced his veto of a comprehensive ethics bill, calling the legislation “flawed, excessive and discriminatory.”

The landmark legislation would have, for the first time, placed restrictions on paid lobbying by former members of Congress and their top aides. It would also have tightened lobbying restrictions on former White House officials and others in the executive branch of government.

Reagan’s announcement that he will “pocket-veto” the measure by refusing to act on it by midnight Friday angered supporters of a tougher ethics law.

Fred Wertheimer, president of Common Cause, a nonpartisan lobbying group, said the veto “leaves the door wide open to further abuses and sleaze in government.”

But Reagan, who had been lobbied extensively by both supporters and opponents of the legislation, portrayed it as flawed, hastily conceived during Congress’ rush to adjourn and unfair to the executive branch of government.

In a written “memorandum of disapproval” issued at his California ranch, where the Reagans are spending the Thanksgiving holiday, the President said that provisions of the bill “were poorly drafted, would have applied unevenly and would discourage from government service America’s best talent . . . .”

Under the legislation, which was passed 347 to 7 by the House and by voice vote in the Senate, outgoing members of Congress and former congressional staff members would have been prohibited from contacting their former colleagues on any governmental business for one year.

However, Administration officials complained that the prohibition in current law against former officials’ lobbying of colleagues at the agency at which they had worked would be unfairly extended to bar lobbying of any executive branch official.

White House spokesman Marlin Fitzwater praised the unprecedented restrictions on lobbying by former members of Congress but asserted that the bill still “perpetuates a double standard” because of the harsher prohibitions on the executive branch.

Implementation Delayed

Because the legislation would not have gone into effect until next August, it would not have affected current Administration officials.

However, the impetus for the legislation was provided by Reagan Administration scandals, including the indictments and convictions of former White House officials Lyn Nofziger and Michael K. Deaver.

Nofziger was convicted of violating lobbying restrictions that currently apply only to the executive branch; Deaver was convicted of lying to Congress and to a grand jury about his lobbying activities.

Both men contended that the rules were vague and confusing, an argument the Reagan Administration used in deciding to veto the new ethics legislation.

Advisers Urged Veto

“The language of the bill is so convoluted that an employee cannot clearly understand what (prohibitions) govern his conduct,” Frank Q. Nebeker, director of the U.S. Office of Government Ethics, wrote in an Oct. 27 letter recommending a veto. Reagan said that, of 20 Cabinet members and agency heads asked to review the bill, Nebeker and 15 others advised the veto. “Not one recommended approval,” he said.

Nevertheless, Reagan was under pressure to approve the legislation to combat the so-called “sleaze factor” that has plagued his Administration. Officials denied that Reagan withheld his decision until the election was over, asserting that he merely wanted to gather a wide range of opinions.

Reagan said he was compelled to act “according to my judgment of what is best for the country,” although he was “well aware that there will be criticism” of his decision.

Indeed, the criticism was swift and biting.

‘Door Wide Open’ for Sleaze

Wertheimer said: ‘In all his years in office, President Reagan consistently failed to speak out for honest government and against the extraordinary number of ethics abuses that occurred in his Administration. Now, as he departs office, (Reagan) leaves not only the legacy of an Administration that was racked by ethical scandals, but with his veto he also leaves the door wide open to further abuses and sleaze in government.”

In addition, Wertheimer criticized President-elect George Bush as having waffled on the bill, saying that Bush’s changing positions have “raised serious doubts about his own commitment” to improving ethical standards in government.

Bush had endorsed the measure during the presidential campaign, but Monday he took a position square in the middle, saying, “There are some flaws in this legislation; there are some good things in this legislation.” The Bush Administration is expected to propose its own ethics legislation.

Thurmond to Push Bill Again

Supporters of the bill vowed to try again next year. In Washington, Sen. Strom Thurmond (R-S. C.), usually a Reagan ally, declared that Americans “demand and deserve” strict ethical standards and pledged to “again push this measure when the new Congress convenes in January.”

But the veto is not likely to disappoint most members of Congress. As Rep. Barney Frank (D-Mass.) said when the bill was being debated, it has “a lot of votes but very little support.”