I
104TH CONGRESS
2D SESSION
H. R. 3447
To amend title 5, United States Code, to provide for the forfeiture of retire-
ment 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Congressional Pension Integrity Act of 1996’’.
(b) 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 this public
trust;
(3) a breach of the public trust by a Member
of Congress is a serious offense that should have se-
rious consequences;
(4) a Member of Congress who is convicted of
a felony should be punished not only for the crime
committed, but for violating the public trust; and
(5) taxpayers should not pay for the retirement
benefits of Members of Congress who have breached
the public trust.
SEC. 2. CONVICTION OF CERTAIN OFFENSES AND FORFEIT-
URE OF RETIREMENT BENEFITS.
(a) IN GENERAL.—Section 8312(a) of title 5, United
States Code, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(1), by striking the period at the end of paragraph
(2) and inserting ‘‘; or’’, and by adding after para-
graph (2) the following:
‘‘(3) was convicted, on or after the date of the
enactment of the Congressional Pension Integrity
Act of 1996, of an offense described in subsection
(e), to the extent provided by that subsection.’’; and
(2) by striking ‘‘and’’ at the end of subpara-
graph (A), by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; and’’, and by adding
after subparagraph (B) the following:
‘‘(C) with respect to an offense described in
subsection (e), to the period after the date of convic-
tion or after the date of the enactment of the Con-
gressional Pension Integrity Act of 1996, whichever
is later.’’.
(b) DESCRIPTION OF OFFENSES.—Section 8312 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘(e) An offense described in this subsection is any
offense—
‘‘(1)(A) which is a felony under Federal or
State law; or
‘‘(B) which is (i) not an offense described in
subparagraph (A), (ii) a crime under Federal or
State law, and (iii) a result of conduct directly relat-
ed to the performance of the individual’s official du-
ties as a Member of Congress;
‘‘(2) for which the individual is convicted on or
after the date on which such individual first becomes
a Member of Congress (including a Delegate to Con-
gress), whether or not such individual is still such a
Member on the date of conviction; and
‘‘(3) which was committed on or after the date
of the enactment of the Congressional Pension In-
tegrity Act of 1996.’’.
SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID
PROSECUTION.
Section 8313(a)(1) of title 5, United States Code, is
amended by striking ‘‘or’’ at the end of subparagraph (A),
by striking ‘‘and’’ at the end of subparagraph (B) and
inserting ‘‘or’’, and by adding at the end the following:
‘‘(C) after the date of the enactment of the
Congressional Pension Integrity Act of 1996,
for an offense described in section 8312(e);
and’’.
SEC. 4. FORFEITURE OF CONTRIBUTIONS AND DEPOSITS.
(a) GENERAL RULE.—
(1) REFUND PROVISIONS NOT APPLICABLE TO
OFFENSES DESCRIBED IN SECTION 8312(E).—Section
8316(b) of title 5, United States Code, is amended
by adding at the end the following:
‘‘(c) A refund under this section may not be made
when payment of annuity or retired pay is denied under
this subchapter because an individual was convicted of an