I

104TH CONGRESS

2D SESSION H. R. 4011

To amend title 5, United States Code, to provide that if a Member of

Congress is convicted of a felony, such Member shall not be eligible

for retirement benefits based on that individual’s service as a Member,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 2, 1996

Mr. TATE (for himself, Mr. RIGGS, Mr. DICKEY, Mr. HORN, Mr. MILLER of

Florida, Mr. BALDACCI, Mrs. KELLY, Mr. HAYWORTH, Mr. SANFORD,

Mr. COBLE, Mr. FUNDERBURK, Mr. WELDON of Florida, Mr. METCALF,

Mrs. SMITH of Washington, Mr. BROWNBACK, Mr. INGLIS of South Carolina, Mr. COBURN, Mr. BARRETT of Wisconsin, Mr. HAYES, Mr. LINDER,

Mr. WELLER, Mr. CHRISTENSEN, Mr. GREENWOOD, Mr. MCKEON, Mr.

TAYLOR of North Carolina, Mr. LOBIONDO, Mr. SOUDER, Mrs. MEYERS

of Kansas, Mr. POMEROY, Mr. RAMSTAD, Mr. LAZIO of New York, Mr.

REED, Mr. FOX of Pennsylvania, Mr. FRELINGHUYSEN, Mr. FOLEY, Mr.

BEREUTER, Mr. PORTER, Mr. GOSS, Mr. MCCOLLUM, Mr. KLUG, Ms.

RIVERS, Mr. DORNAN, Mrs. MYRICK, Mr. HOEKSTRA, Mr. SHAYS, Mr.

BLILEY, Mr. PACKARD, Mr. FRANKS of New Jersey, Mr. MCINTOSH, Mr.

NEUMANN, Mr. LARGENT, Mr. SENSENBRENNER, Mr. CHRYSLER, Mr.

ENSIGN, Mrs. VUCANOVICH, Mrs. FOWLER, Mr. JOHNSON of South Dakota, Mr. CANADY of Florida, Mr. WATTS of Oklahoma, Mrs.

SEASTRAND, and Mr. HUTCHINSON) introduced the following bill; which

was referred to the Committee on Government Reform and Oversight,

and in addition to the Committee on House 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 that if

a Member of Congress is convicted of a felony, such
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Member shall not be eligible for retirement benefits based

on that individual’s service as a Member, 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.

4 This Act may be cited as the ‘‘Congressional Pension

5 Forfeiture Act of 1996’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) Members of Congress pledge to uphold the

9 Constitution and the laws of the United States;

10 (2) Members of Congress are elected to serve in

11 the public trust and pledge to uphold the public

12 trust;

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

14 of Congress is a serious offense that should have se15 rious consequences; and

16 (4) taxpayers should not pay for the retirement

17 benefits of Members of Congress who have breached

18 the public trust.

19 SEC. 3. FORFEITURE.

20 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

21 8332 of title 5, United States Code, is amended by adding

22 at the end the following:
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1 ‘‘(o)(1) Notwithstanding any other provision of this

2 subchapter, the service of an individual convicted of an

3 offense described in paragraph (2) shall not, if or to the

4 extent rendered as a Member (irrespective of when ren5 dered), be taken into account for purposes of this sub6 chapter. Any such individual (or other person determined

7 under section 8342(c), if applicable) shall be entitled to

8 be paid so much of such individual’s lump-sum credit as

9 is attributable to service to which the preceding sentence

10 applies.

11 ‘‘(2) An offense described in this paragraph is any

12 felony (within the meaning of section 3156(a) of title 18)

13 committed—

14 ‘‘(A) by the individual (referred to in paragraph

15 (1)) while a Member; and

16 ‘‘(B) during the One Hundred Fifth Congress

17 or later.

18 ‘‘(3) An individual convicted of an offense described

19 in paragraph (2) shall not, after the date of the conviction,

20 be eligible to participate in the retirement system under

21 this subchapter while serving as a Member.

22 ‘‘(4) Except as provided in paragraph (5), the Office

23 shall prescribe such regulations as may be necessary to

24 carry out this subsection, including provisions under which

25 interest on any lump-sum payment under the second sen-
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1 tence of paragraph (1) shall be limited in a manner similar

2 to that specified in the last sentence of section 8316(b).

3 ‘‘(5) The Executive Director (within the meaning of

4 section 8401(13)) shall prescribe such regulations as may

5 be necessary to carry out the purposes of this subsection

6 with respect to the Thrift Savings Plan. Regulations under

7 this paragraph shall include provisions in accordance with

8 which appropriate dispositions shall be made.

9 ‘‘(6) Nothing in this subsection shall restrict any au10 thority under subchapter II or any other provision of law

11 to deny or withhold benefits authorized by statute.

12 ‘‘(7) For purposes of this subsection, the term ‘Mem13 ber’ has the meaning given such term by section 2106,

14 notwithstanding section 8331(2).’’.

15 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

16 Section 8411 of title 5, United States Code, is amended

17 by adding at the end the following:

18 ‘‘(i)(1) Notwithstanding any other provision of this

19 chapter, the service of an individual convicted of an of20 fense described in paragraph (2) shall not, if or to the

21 extent rendered as a Member (irrespective of when ren22 dered), be taken into account for purposes of this chapter.

23 Any such individual (or other person determined under

24 section 8424(d), if applicable) shall be entitled to be paid
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1 so much of such individual’s lump-sum credit as is attrib2 utable to service to which the preceding sentence applies.

3 ‘‘(2) An offense described in this paragraph is any

4 felony (within the meaning of section 3156(a) of title 18)

5 committed—

6 ‘‘(A) by the individual (referred to in paragraph

7 (1)) while a Member; and

8 ‘‘(B) during the One Hundred Fifth Congress

9 or later.

10 ‘‘(3) An individual convicted of an offense described

11 in paragraph (2) shall not, after the date of the conviction,

12 be eligible to participate in the retirement system under

13 this chapter while serving as a Member.

14 ‘‘(4) Except as provided in paragraph (5), the Office

15 shall prescribe such regulations as may be necessary to

16 carry out this subsection, including provisions under which

17 interest on any lump-sum payment under the second sen18 tence of paragraph (1) shall be limited in a manner similar

19 to that specified in the last sentence of section 8316(b).

20 ‘‘(5) The Executive Director shall prescribe such reg21 ulations as may be necessary to carry out the purposes

22 of this subsection with respect to the Thrift Savings Plan.

23 Regulations under this paragraph shall include provisions

24 in accordance with which appropriate dispositions shall be

25 made.
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1 ‘‘(6) Nothing in this subsection shall restrict any au2 thority under subchapter II of chapter 83 or any other

3 provision of law to deny or withhold benefits authorized

4 by statute.

5 ‘‘(7) For purposes of this subsection, the term ‘Mem6 ber’ has the meaning given such term by section 2106,

7 notwithstanding section 8401(20).’’.

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