II

104TH CONGRESS

2D SESSION S. 1794

To amend chapter 83 of title 5, United States Code, to provide for the

forfeiture of retirement benefits in the case of any Member of Congress,

congressional employee, or Federal justice or judge who is convicted

of an offense relating to the official duties of that individual, and for

the forfeiture of the retirement allowance of the President for such

a conviction.

IN THE SENATE OF THE UNITED STATES

MAY 22, 1996

Mr. GREGG (for himself, Mr. REID, Mr. NICKLES, Mr. WARNER, Mrs. KASSEBAUM, Mr. THURMOND, Mr. SMITH, and Mr. BRYAN) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend chapter 83 of title 5, United States Code, to

provide for the forfeiture of retirement benefits in the

case of any Member of Congress, congressional employee,

or Federal justice or judge who is convicted of an offense

relating to the official duties of that individual, and

for the forfeiture of the retirement allowance of the

President for such a conviction.

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

2 This Act may be cited as the ‘‘Congressional, Presi3 dential, and Judicial Pension Forfeiture Act’’.

4 SEC. 2. CONVICTION OF CERTAIN OFFENSES.

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

6 States Code, is amended—

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

8 (1);

9 (2) by striking the period at the end of para10 graph (2) and inserting ‘‘; or’’;

11 (3) by adding after paragraph (2) the following

12 new paragraph:

13 ‘‘(3) is convicted of an offense named by sub14 section (d), to the extent provided by that sub15 section.’’;

16 (4) by striking ‘‘and’’ at the end of subpara17 graph (A);

18 (5) by striking the period at the end of sub19 paragraph (B) and inserting ‘‘; and’’; and

20 (6) by adding after subparagraph (B) the fol21 lowing new subparagraph:

22 ‘‘(C) with respect to the offenses named by sub23 section (d) of this section, to the period after the

24 date of the conviction.’’.

25 (b) IDENTIFICATION OF OFFENSES.—Section 8312

26 of title 5, United States Code, is amended—
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1 (1) by redesignating subsection (d) as sub2 section (e); and

3 (2) by inserting after subsection (c) the follow4 ing new subsection:

5 ‘‘(d)(1) The offenses under paragraph (2) are the of6 fenses to which subsection (a) of this section applies, but

7 only if—

8 ‘‘(A) the individual is convicted of such offense

9 after the date of the enactment of the Congressional,

10 Presidential, and Judicial Pension Forfeiture Act;

11 ‘‘(B) the individual was a Member of Congress

12 (including the Vice President), a congressional em13 ployee, or a Federal justice or judge at the time of

14 committing the offense; and

15 ‘‘(C) the offense is punishable by imprisonment

16 for more than 1 year.

17 ‘‘(2) The offenses under this paragraph are as

18 follows:

19 ‘‘(A) An offense within the purview of—

20 ‘‘(i) section 201 of title 18 (bribery of pub21 lic officials and witnesses);

22 ‘‘(ii) section 203 of title 18 (compensation

23 to Members of Congress, officers, and others in

24 matters affecting the Government);
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1 ‘‘(iii) section 204 of title 18 (practice in

2 United States Court of Federal Claims or the

3 United States Court of Appeals for the Federal

4 Circuit by Members of Congress);

5 ‘‘(iv) section 205 of title 18 (activities of

6 officers and employees in claims against and

7 other matters affecting the Government);

8 ‘‘(v) section 207 of title 18 (restrictions on

9 former officers, employees, and elected officials

10 of the executive and legislative branches);

11 ‘‘(vi) section 208 of title 18 (acts affecting

12 a personal financial interest);

13 ‘‘(vii) section 209 of title 18 (salary of

14 Government officials and employees payable

15 only by the United States);

16 ‘‘(viii) section 219 of title 18 (officers and

17 employees acting as agents of foreign

18 principals);

19 ‘‘(ix) section 286 of title 18 (conspiracy to

20 defraud the Government with respect to

21 claims);

22 ‘‘(x) section 287 of title 18 (false, ficti23 tious, or fraudulent claims);

24 ‘‘(xi) section 371 of title 18 (conspiracy to

25 commit offense or to defraud the United States;
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1 ‘‘(xii) section 597 of title 18 (expenditures

2 to influence voting);

3 ‘‘(xiii) section 599 of title 18 (promise of

4 appointment by candidate);

5 ‘‘(xiv) section 602 of title 18 (solicitation

6 of political contributions);

7 ‘‘(xv) section 606 of title 18 (intimidation

8 to secure political contributions);

9 ‘‘(xvi) section 607 of title 18 (place of

10 solicitation);

11 ‘‘(xvii) section 641 of title 18 (public

12 money, property or records); or

13 ‘‘(xviii) section 1001 of title 18 (state14 ments or entries generally).

15 ‘‘(B) Perjury committed under the statutes of

16 the United States in falsely denying the commission

17 of an act which constitutes an offense within the

18 purview of a statute named by subparagraph (A).

19 ‘‘(C) Subornation of perjury committed in con20 nection with the false denial of another individual as

21 specified by subparagraph (B).’’.

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

23 PROSECUTION.

24 (a) IN GENERAL.—Section 8313 of title 5, United

25 States Code, is amended—
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1 (1) by redesignating subsection (b) as sub2 section (c); and

3 (2) by inserting after subsection (a) the follow4 ing new subsection:

5 ‘‘(b) An individual, or his survivor or beneficiary, may

6 not be paid annuity or retired pay on the basis of the serv7 ice of the individual which is creditable toward the annuity

8 or retired pay, subject to the exceptions in section 8311(2)

9 and (3) of this title, if the individual—

10 ‘‘(1) is under indictment, after the date of the

11 enactment of the Congressional, Presidential, and

12 Judicial Pension Forfeiture Act, for an offense

13 named by section 8312(d)(2) of this title, but only

14 if such offense satisfies section 8312(d)(1)(C) of this

15 title;

16 ‘‘(2) willfully remains outside the United

17 States, or its territories and possessions including

18 the Commonwealth of Puerto Rico, for more than 1

19 year with knowledge of the indictment or charges, as

20 the case may be; and

21 ‘‘(3) is an individual described in section

22 8312(d)(1)(B).’’.

23 (b) CONFORMING AMENDMENT.—Subsection (c) of

24 section 8313 of title 5, United States Code (as so des-
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1 ignated under subsection (a)(1)) is amended by inserting

2 ‘‘or (b)’’ after ‘‘subsection (a)’’.

3 SEC. 4. REFUND OF CONTRIBUTIONS AND DEPOSITS.

4 Section 8316(b) of title 5, United States Code, is

5 amended—

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

7 (1);

8 (2) by striking the period at the end of para9 graph (2) and inserting ‘‘; or’’; and

10 (3) by adding at the end the following new

11 paragraph:

12 ‘‘(3) if the individual was convicted of an of13 fense named by section 8312(d) of this title, for the

14 period after the conviction of the violation.’’.

15 SEC. 5. FORFEITURE OF PRESIDENTIAL ALLOWANCE.

16 Subsection (a) of the first section of the Act entitled

17 ‘‘An Act to provide retirement, clerical assistance, and free

18 mailing privileges to former Presidents of the United

19 States, and for other purposes’’, approved August 25,

20 1958 (Public Law 85–745; 72 Stat. 838; 3 U.S.C. 102

21 note) is amended—

22 (1) by striking ‘‘Each former President’’ and

23 inserting ‘‘(1) Subject to paragraph (2), each former

24 President’’; and
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1 (2) by inserting at the end the following new

2 paragraph:

3 ‘‘(2) The allowance payable to an individual under

4 paragraph (1) shall be forfeited if—

5 ‘‘(A) the individual is convicted of an offense

6 described under section 8312(d)(2) of title 5, United

7 States Code, after the date of the enactment of the

8 Congressional, Presidential, and Judicial Pension

9 Forfeiture Act;

10 ‘‘(B) such individual committed such offense

11 during the individual’s term of office as President;

12 and

13 ‘‘(C) the offense is punishable by imprisonment

14 for more than 1 year.’’.

Æ