I
104TH CONGRESS
1ST SESSION
H. R. 2244
To amend title 5, United States Code, to provide for the forfeiture of retire-
ment benefits in the case of any Member or employee of Congress
who is convicted of an offense relating to the official duties of that
individual.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 4, 1995
Mr. RIGGS (for himself, Mr. TAYLOR of North Carolina, Mr. CANADY of Flor-
ida, Mr. BROWNBACK, Mr. GOSS, Ms. RIVERS, Mr. KLUG, Mr. DOO-
LITTLE, Mr. LOBIONDO, and Mr. SOUDER) 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 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 for the
forfeiture of retirement benefits in the case of any Mem-
ber or employee of Congress who is convicted of an
offense relating to the official duties of that individual.
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’’.
SEC. 2. CONVICTION OF CERTAIN OFFENSES.
(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) is convicted of an offense named by sub-
section (d), to the extent provided by that sub-
section.’’; 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 the offenses named by sub-
section (d) of this section, to the period after the
date of the conviction.’’.
(b) IDENTIFICATION OF OFFENSES.—Section 8312
of title 5, United States Code, is amended by redesignat-
ing subsection (d) as subsection (e) and by inserting after
subsection (c) the following:
‘‘(d)(1) The offenses under paragraph (2) are the of-
fenses to which subsection (a) of this section applies, but
only if (A) the individual is convicted of such offense after
the date of the enactment of the Congressional Pension
Forfeiture Act, (B) the individual was a Member of Con-
‘‘(vii) section 597 of title 18 (expenditures
to influence voting);
‘‘(viii) section 599 of title 18 (promise of
appointment by candidate);
‘‘(ix) section 601 of title 18 (deprivation of
employment or other benefit for political con-
tribution);
‘‘(x) section 602 of title 18 (solicitation of
political contributions);
‘‘(xi) section 606 of title 18 (intimidation
to secure political contributions);
‘‘(xii) section 607 of title 18 (place of solic-
itation);
‘‘(xiii) section 641 of title 18 (public
money, property or records);
‘‘(xiv) section 1001 of title 18 (statements
or entries generally);
‘‘(xv) section 286 of title 18 (conspiracy to
defraud the Government with respect to
claims); or
‘‘(xvi) section 371 of title 18 (conspiracy to
commit offense or to defraud United States).
‘‘(B) Perjury committed under the statutes of
the United States in falsely denying the commission
of an act which constitutes an offense within the
purview of a statute named by subparagraph (A).
‘‘(C) Subornation of perjury committed in con-
nection with the false denial of another individual as
specified by subparagraph (B).’’.
SEC. 3. ABSENCE FROM THE UNITED STATES TO AVOID
PROSECUTION.
(a) IN GENERAL.—Section 8313 of title 5, United
States Code, is amended by redesignating subsection (b)
as subsection (c) and by inserting after subsection (a) the
following:
‘‘(b) An individual, or his survivor or beneficiary, may
not be paid annuity or retired pay on the basis of the serv-
ice of the individual which is creditable toward the annuity
or retired pay, subject to the exceptions in section 8311(2)
and (3) of this title, if the individual—
‘‘(1) is under indictment, after the date of the
enactment of the Congressional Pension Forfeiture
Act, for an offense named by section 8312(d)(2) of
this title, but only if such offense satisfies paragraph
(1)(C) thereof;
‘‘(2) willfully remains outside the United
States, or its territories and possessions including
the Commonwealth of Puerto Rico, for more than 1
year with knowledge of the indictment or charges, as
the case may be; and
‘‘(3) is an individual described in section
8312(d)(1)(B).’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of
section 8313 of title 5, United States Code (as so des-
ignated by subsection (a)) is amended by inserting ‘‘or
(b)’’ after ‘‘subsection (a)’’.
SEC. 4. REFUND OF CONTRIBUTIONS AND DEPOSITS.
Section 8316(b) of title 5, United States Code, is
amended 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 at the end the following:
‘‘(3) if the individual was convicted of an of-
fense named by section 8312(d) of this title, for the
period after the conviction of the violation.’’.
Æ