I 
109TH CONGRESS 
2D SESSION 
H. R. 6172 
To amend title 5, United States Code, to deny retirement benefits to any 
Member of Congress convicted of a criminal offense involving abuse 
of the public trust. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2006 
Mr. KIRK (for himself, Mr. SHADEGG, Mr. PLATTS, Mr. FITZPATRICK of 
Pennsylvania, Mr. DAVIS of Kentucky, Mr. DENT, Mr. SHIMKUS, Mrs. 
BIGGERT, Mr. ENGLISH of Pennsylvania, Mr. SIMMONS, Mr. REICHERT, 
Mr. GERLACH, Mr. BRADLEY of New Hampshire, Mr. PAUL, Mr. 
HERGER, Mr. PORTER, and Mr. KENNEDY of Minnesota) introduced the 
following bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committee on Government Reform, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title 5, United States Code, to deny retirement 
benefits to any Member of Congress convicted of a crimi-
nal offense involving abuse of the public trust. 
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 2006’’. 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS
SEC. 2. LOSS OF PENSIONS ACCRUED DURING SERVICE AS 
A MEMBER OF CONGRESS FOR ABUSING THE 
PUBLIC TRUST. 
(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 finally convicted 
of an offense described in paragraph (2) shall not be taken 
into account for purposes of this subchapter, except that 
this sentence applies only to service rendered as a Member 
(irrespective of when rendered). Any such individual (or 
other person determined under section 8342(c), if applica-
ble) shall be entitled to be paid so much of such individ-
ual’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) Every act or omission of the individual (re-
ferred to in paragraph (1)) that is needed to satisfy 
the elements of the offense occurs while the indi-
vidual is a Member. 
‘‘(ii) Every act or omission of the individual 
that is needed to satisfy the elements of the offense 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS
directly relates to the performance of the individual’s 
official duties as a Member. 
‘‘(iii) The offense is committed after the date of 
enactment of this subsection. 
‘‘(B) An offense described in this subparagraph is 
only the following, and only to the extent that the offense 
is a felony under title 18: 
‘‘(i) An offense under section 201 of title 18 
(bribery of public officials and witnesses). 
‘‘(ii) An offense under section 219 of title 18 
(officers and employees acting as agents of foreign 
principals). 
‘‘(iii) An offense under section 371 of title 18 
(conspiracy to commit offense or to defraud United 
States) to the extent of any conspiracy to commit an 
act which constitutes an offense under clause (i) or 
(ii). 
‘‘(3) An individual convicted of an offense described 
in paragraph (2) shall not, after the date of the final con-
viction, be eligible to participate in the retirement system 
under this subchapter or chapter 84 while serving as a 
Member. 
‘‘(4) The Office of Personnel Management shall pre-
scribe any regulations necessary to carry out this sub-
section. Such regulations shall include— 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS
‘‘(A) provisions under which interest on any 
lump-sum payment under the second sentence of 
paragraph (1) shall be limited in a manner similar 
to that specified in the last sentence of section 
8316(b); and 
‘‘(B) provisions under which the Office may 
provide for— 
‘‘(i) the payment, to the spouse or children 
of any individual referred to in the first sen-
tence of paragraph (1), of any amounts which 
(but for this clause) would otherwise have been 
nonpayable by reason of such first sentence, but 
only to the extent that the application of this 
clause is considered necessary given the totality 
of the circumstances; and 
‘‘(ii) an appropriate adjustment in the 
amount of any lump-sum payment under the 
second sentence of paragraph (1) to reflect the 
application of clause (i). 
‘‘(5) For purposes of this subsection— 
‘‘(A) the term ‘Member’ has the meaning given 
such term by section 2106, notwithstanding section 
8331(2); and 
‘‘(B) the term ‘child’ has the meaning given 
such term by section 8341.’’. 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Section 8411 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(l)(1) Notwithstanding any other provision of this 
chapter, the service of an individual finally convicted of 
an offense described in paragraph (2) shall not be taken 
into account for purposes of this chapter, except that this 
sentence applies only to service rendered as a Member (ir-
respective of when rendered). Any such individual (or 
other person determined under section 8424(d), if applica-
ble) shall be entitled to be paid so much of such individ-
ual’s lump-sum credit as is attributable to service to which 
the preceding sentence applies. 
‘‘(2) An offense described in this paragraph is any 
offense described in section 8332(o)(2)(B) for which the 
following apply: 
‘‘(A) Every act or omission of the individual 
(referred to in paragraph (1)) that is needed to sat-
isfy the elements of the offense occurs while the in-
dividual is a Member. 
‘‘(B) Every act or omission of the individual 
that is needed to satisfy the elements of the offense 
directly relates to the performance of the individual’s 
official duties as a Member. 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS
‘‘(C) The offense is committed after the date of 
enactment of this subsection. 
‘‘(3) An individual finally convicted of an offense de-
scribed in paragraph (2) shall not, after the date of the 
conviction, be eligible to participate in the retirement sys-
tem under this chapter while serving as a Member. 
‘‘(4) The Office of Personnel Management shall pre-
scribe any regulations necessary to carry out this sub-
section. Such regulations shall include— 
‘‘(A) provisions under which interest on any 
lump-sum payment under the second sentence of 
paragraph (1) shall be limited in a manner similar 
to that specified in the last sentence of section 
8316(b); and 
‘‘(B) provisions under which the Office may 
provide for— 
‘‘(i) the payment, to the spouse or children 
of any individual referred to in the first sen-
tence of paragraph (1), of any amounts which 
(but for this clause) would otherwise have been 
nonpayable by reason of such first sentence, but 
only to the extent that the application of this 
clause is considered necessary given the totality 
of the circumstances; and 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS
‘‘(ii) an appropriate adjustment in the 
amount of any lump-sum payment under the 
second sentence of paragraph (1) to reflect the 
application of clause (i). 
‘‘(5) For purposes of this subsection— 
‘‘(A) the term ‘Member’ has the meaning given 
such term by section 2106, notwithstanding section 
8401(20); and 
‘‘(B) the term ‘child’ has the meaning given 
such term by section 8341.’’. 
Æ 
VerDate Aug 31 2005 
23:05 Sep 27, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H6172.IH
H6172
pwalker on PRODPC60 with BILLS