II
104TH CONGRESS
2D SESSION
H. R. 4011
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 27, 1996
Received
AN ACT
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Congressional Pension
Forfeiture Act of 1996’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) Members of Congress pledge to uphold the
Constitution and the laws of the United States;
(2) Members of Congress are elected to serve in
the public trust and pledge to uphold the public
trust;
(3) a breach of the public trust by a Member
of Congress is a serious offense that should have se-
rious consequences; and
(4) taxpayers should not pay for the retirement
benefits of Members of Congress who have breached
the public trust.
SEC. 3. FORFEITURE.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section
8332 of title 5, United States Code, is amended by adding
at the end the following:
‘‘(o)(1) Notwithstanding any other provision of this
subchapter, the service of an individual convicted of an
offense described in paragraph (2) shall not, if or to the
extent rendered as a Member (irrespective of when ren-
dered), be taken into account for purposes of this sub-
chapter. Any such individual (or other person determined
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under section 8342(c), if applicable) shall be entitled to
be paid so much of such individual’s lump-sum credit as
is attributable to service to which the preceding sentence
applies.
‘‘(2)(A) An offense described in this paragraph is any
offense described in subparagraph (B) for which the fol-
lowing apply:
‘‘(i) The offense is committed by the individual
(referred to in paragraph (1)) while a Member.
‘‘(ii) The conduct on which the offense is based
is directly related to the individual’s service as a
Member.
‘‘(iii) The offense is committed during the One
Hundred Fifth Congress or later.
‘‘(B) The offenses described in this subparagraph are
as follows:
‘‘(i) An offense within the purview of—
‘‘(I) section 201 of title 18 (bribery of pub-
lic officials and witnesses);
‘‘(II) section 203 of title 18 (compensation
to Members of Congress, officers, and others in
matters affecting the Government);
‘‘(III) section 204 of title 18 (practice in
United States Court of Federal Claims or the
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United States Court of Appeals for the Federal
Circuit by Members of Congress);
‘‘(IV) section 207 of title 18 (restrictions
on former officers, employees, and elected offi-
cials of the executive and legislative branches);
‘‘(V) section 219 of title 18 (officers and
employees acting as agents of foreign prin-
cipals);
‘‘(VI) section 286 of title 18 (conspiracy to
defraud the Government with respect to
claims);
‘‘(VII) section 287 of title 18 (false, ficti-
tious, or fraudulent claims);
‘‘(VIII) section 371 of title 18 (conspiracy
to commit offense or to defraud the United
States;
‘‘(IX) section 597 of title 18 (expenditures
to influence voting);
‘‘(X) section 599 of title 18 (promise of
appointment by candidate);
‘‘(XI) section 602 of title 18 (solicitation
of political contributions);
‘‘(XII) section 606 of title 18 (intimidation
to secure political contributions);
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‘‘(XIII) section 607 of title 18 (place of so-
licitation);
‘‘(XIV) section 641 of title 18 (public
money, property or records);
‘‘(XV) section 1001 of title 18 (statements
or entries generally);
‘‘(XVI) section 1341 of title 18 (frauds
and swindles);
‘‘(XVII) section 1343 of title 18 (fraud by
wire, radio, or television);
‘‘(XVIII) section 1503 of title 18 (influenc-
ing or injuring officer or juror);
‘‘(XIX) section 1951 of title 18 (inter-
ference with commerce by threats or violence);
‘‘(XX) section 1952 of title 18 (interstate
and foreign travel or transportation in aid of
racketeering enterprises);
‘‘(XXI) section 1962 of title 18 (prohibited
activities); or
‘‘(XXII) section 7201 of the Internal Reve-
nue Code of 1986 (attempt to evade or defeat
tax).
‘‘(ii) Perjury committed under the statutes of
the United States in falsely denying the commission
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of an act which constitutes an offense within the
purview of a statute named by clause (i).
‘‘(iii) Subornation of perjury committed in con-
nection with the false denial of another individual as
specified by clause (ii).
‘‘(3) An individual convicted of an offense described
in paragraph (2) shall not, after the date of the conviction,
be eligible to participate in the retirement system under
this subchapter while serving as a Member.
‘‘(4) Except as provided in paragraph (5), the Office
shall prescribe such regulations as may be necessary to
carry out this subsection, including provisions under which
interest on any lump-sum payment under the second sen-
tence of paragraph (1) shall be limited in a manner similar
to that specified in the last sentence of section 8316(b).
‘‘(5) The Executive Director (within the meaning of
section 8401(13)) shall prescribe such regulations as may
be necessary to carry out the purposes of this subsection
with respect to the Thrift Savings Plan. Regulations under
this paragraph shall include provisions requiring the re-
turn of all vested amounts.
‘‘(6) Nothing in this subsection shall restrict any au-
thority under subchapter II or any other provision of law
to deny or withhold benefits authorized by statute.