I

104TH CONGRESS

2D SESSION H. R. 3447

To amend title 5, United States Code, to provide for the forfeiture of retirement benefits in the case of a Member of Congress convicted of a

felony, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 1996

Mr. TATE introduced the following bill; which was referred to the Committee

on House Oversight, and in addition to the Committee on Government

Reform and Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend title 5, United States Code, to provide for the

forfeiture of retirement benefits in the case of a Member

of Congress convicted of a felony, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; FINDINGS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Congressional Pension Integrity Act of 1996’’.

6 (b) FINDINGS.—The Congress finds that—

7 (1) Members of Congress pledge to uphold the

8 Constitution and the laws of the United States;
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1 (2) Members of Congress are elected to serve in

2 the public trust and pledge to uphold this public

3 trust;

4 (3) a breach of the public trust by a Member

5 of Congress is a serious offense that should have se6 rious consequences;

7 (4) a Member of Congress who is convicted of

8 a felony should be punished not only for the crime

9 committed, but for violating the public trust; and

10 (5) taxpayers should not pay for the retirement

11 benefits of Members of Congress who have breached

12 the public trust.

13 SEC. 2. CONVICTION OF CERTAIN OFFENSES AND FORFEIT14 URE OF RETIREMENT BENEFITS.

15 (a) IN GENERAL.—Section 8312(a) of title 5, United

16 States Code, is amended—

17 (1) by striking ‘‘or’’ at the end of paragraph

18 (1), by striking the period at the end of paragraph

19 (2) and inserting ‘‘; or’’, and by adding after para20 graph (2) the following:

21 ‘‘(3) was convicted, on or after the date of the

22 enactment of the Congressional Pension Integrity

23 Act of 1996, of an offense described in subsection

24 (e), to the extent provided by that subsection.’’; and
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1 (2) by striking ‘‘and’’ at the end of subpara2 graph (A), by striking the period at the end of sub3 paragraph (B) and inserting ‘‘; and’’, and by adding

4 after subparagraph (B) the following:

5 ‘‘(C) with respect to an offense described in

6 subsection (e), to the period after the date of convic7 tion or after the date of the enactment of the Con8 gressional Pension Integrity Act of 1996, whichever

9 is later.’’.

10 (b) DESCRIPTION OF OFFENSES.—Section 8312 of

11 title 5, United States Code, is amended by adding at the

12 end the following:

13 ‘‘(e) An offense described in this subsection is any

14 offense—

15 ‘‘(1)(A) which is a felony under Federal or

16 State law; or

17 ‘‘(B) which is (i) not an offense described in

18 subparagraph (A), (ii) a crime under Federal or

19 State law, and (iii) a result of conduct directly relat20 ed to the performance of the individual’s official du21 ties as a Member of Congress;

22 ‘‘(2) for which the individual is convicted on or

23 after the date on which such individual first becomes

24 a Member of Congress (including a Delegate to Con-
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1 gress), whether or not such individual is still such a

2 Member on the date of conviction; and

3 ‘‘(3) which was committed on or after the date

4 of the enactment of the Congressional Pension In5 tegrity Act of 1996.’’.

6 SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID

7 PROSECUTION.

8 Section 8313(a)(1) of title 5, United States Code, is

9 amended by striking ‘‘or’’ at the end of subparagraph (A),

10 by striking ‘‘and’’ at the end of subparagraph (B) and

11 inserting ‘‘or’’, and by adding at the end the following:

12 ‘‘(C) after the date of the enactment of the

13 Congressional Pension Integrity Act of 1996,

14 for an offense described in section 8312(e);

15 and’’.

16 SEC. 4. FORFEITURE OF CONTRIBUTIONS AND DEPOSITS.

17 (a) GENERAL RULE.—

18 (1) REFUND PROVISIONS NOT APPLICABLE TO

19 OFFENSES DESCRIBED IN SECTION 8312(E).—Section

20 8316(b) of title 5, United States Code, is amended

21 by adding at the end the following:

22 ‘‘(c) A refund under this section may not be made

23 when payment of annuity or retired pay is denied under

24 this subchapter because an individual was convicted of an
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1 offense described in section 8312(e), to the extent pro2 vided therein.’’.

3 (2) CONFORMING AMENDMENT.—Section

4 8316(a) of title 5, United States Code, is amended

5 by striking ‘‘When’’ and inserting ‘‘Except as pro6 vided in subsection (c), when’’.

7 (b) TREATMENT OF CONTRIBUTIONS TO THE THRIFT

8 SAVINGS PLAN.—

9 (1) IN GENERAL.—Section 8316 of title 5,

10 United States Code, is amended by adding at the

11 end the following:

12 ‘‘(d)(1) Except as provided in paragraph (2), when

13 payment of annuity or retired pay is denied under this

14 subchapter because an individual was convicted of an of15 fense named by section 8312, to the extent provided by

16 that section, or violated section 8314 or 8315, the amount

17 standing to such individual’s credit in the Thrift Savings

18 Plan at the time of the conviction or violation (as the case

19 may be) shall, on appropriate application therefor, be re20 funded or otherwise made available to such individual, at

21 such time, in such manner, to such extent, and otherwise

22 in accordance with such regulations as the Executive Di23 rector shall prescribe consistent, to the extent practicable,

24 with subsections (a) and (b).
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1 ‘‘(2) No amount shall be refunded or otherwise made

2 available under this subsection when payment of annuity

3 or retired pay is denied under this subchapter because an

4 individual was convicted of an offense named by section

5 8312(e), to the extent provided therein.

6 ‘‘(3) For the purpose of this subsection—

7 ‘‘(A) the term ‘Thrift Savings Plan’ means the

8 Thrift Savings Plan under subchapter III of chapter

9 84; and

10 ‘‘(B) the term ‘Executive Director’ means the

11 Executive Director appointed under section

12 8474(a).’’.

13 (2) CONFORMING AMENDMENT.—Section

14 8318(d) of title 5, United States Code, is amended

15 by adding at the end the following: ‘‘The Executive

16 Director shall prescribe regulations under which this

17 subsection shall be applied in any case in which the

18 pardoned individual is an individual with respect to

19 whom the regulations under section 8316(c) were

20 applied.’’.

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