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 Caro-
lina, 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 Da-
kota, 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 consider-
ation 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
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,
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
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) An offense described in this paragraph is any
felony (within the meaning of section 3156(a) of title 18)
committed—
‘‘(A) by the individual (referred to in paragraph
(1)) while a Member; and
‘‘(B) during the One Hundred Fifth Congress
or later.
‘‘(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 in accordance with
which appropriate dispositions shall be made.
‘‘(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.
‘‘(7) For purposes of this subsection, the term ‘Mem-
ber’ has the meaning given such term by section 2106,
notwithstanding section 8331(2).’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
Section 8411 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(i)(1) Notwithstanding any other provision of this
chapter, the service of an individual convicted of an of-
fense 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 chapter.
Any such individual (or other person determined under
section 8424(d), if applicable) shall be entitled to be paid