[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2244 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2244

To amend title 5, United States Code, to provide for the forfeiture of 
 retirement 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 
Florida, Mr. Brownback, Mr. Goss, Ms. Rivers, Mr. Klug, Mr. Doolittle, 
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 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 any Member 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 Representatives 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 paragraph (2) the following:
            ``(3) is convicted of an offense named by subsection (d), 
        to the extent provided by that subsection.''; and
            (2) by striking ``and'' at the end of subparagraph (A), by 
        striking the period at the end of subparagraph (B) and 
        inserting ``; and'', and by adding after subparagraph (B) the 
        following:
            ``(C) with respect to the offenses named by subsection (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 redesignating subsection (d) as subsection 
(e) and by inserting after subsection (c) the following:
    ``(d)(1) The offenses under paragraph (2) are the offenses 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 Congress (excluding the Vice President) or a Congressional employee 
at the time of committing the offense, and (C) the offense is one which 
is punishable by imprisonment for more than one year.
    ``(2) The offenses under this paragraph are as follows:
            ``(A) An offense within the purview of --
                    ``(i) section 201 of title 18 (bribery of public 
                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 United States 
                Court of Appeals for the Federal Circuit by Members of 
                Congress);
                    ``(iv) section 205 of title 18 (activities of 
                officers and employees in claims against and other 
                matters affecting the Government);
                    ``(v) section 207 of title 18 (restrictions on 
                former officers, employees, and elected officials of 
                the executive and legislative branches);
                    ``(vi) section 287 of title 18 (false, fictitious 
                or fradulent claims);
                    ``(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 
                contribution);
                    ``(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 
                solicitation);
                    ``(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 connection 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 service 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 designated 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 offense named 
        by section 8312(d) of this title, for the period after the 
        conviction of the violation.''.
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