[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4011 Received in Senate (RDS)]







104th CONGRESS
  2d Session
                                H. R. 4011


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 1996

                                Received

_______________________________________________________________________

                                 AN ACT


 
 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 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 
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 serious 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 rendered), be taken into account for purposes of 
this subchapter. 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)(A) An offense described in this paragraph is any offense 
described in subparagraph (B) for which the following apply:
            ``(i) The offense is committed by the individual (referred 
        to in paragraph (1)) while a Member.
            ``(ii) The conduct on which the offense is based is 
        directly related to the individual's service as a Member.
            ``(iii) The offense is committed during the One Hundred 
        Fifth Congress or later.
    ``(B) The offenses described in this subparagraph are as follows:
            ``(i) 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 207 of title 18 (restrictions on 
                former officers, employees, and elected officials of 
                the executive and legislative branches);
                    ``(V) section 219 of title 18 (officers and 
                employees acting as agents of foreign principals);
                    ``(VI) section 286 of title 18 (conspiracy to 
                defraud the Government with respect to claims);
                    ``(VII) section 287 of title 18 (false, fictitious, 
                or fraudulent claims);
                    ``(VIII) section 371 of title 18 (conspiracy to 
                commit offense or to defraud the United States;
                    ``(IX) section 597 of title 18 (expenditures to 
                influence voting);
                    ``(X) section 599 of title 18 (promise of 
                appointment by candidate);
                    ``(XI) section 602 of title 18 (solicitation of 
                political contributions);
                    ``(XII) section 606 of title 18 (intimidation to 
                secure political contributions);
                    ``(XIII) section 607 of title 18 (place of 
                solicitation);
                    ``(XIV) section 641 of title 18 (public money, 
                property or records);
                    ``(XV) section 1001 of title 18 (statements or 
                entries generally);
                    ``(XVI) section 1341 of title 18 (frauds and 
                swindles);
                    ``(XVII) section 1343 of title 18 (fraud by wire, 
                radio, or television);
                    ``(XVIII) section 1503 of title 18 (influencing or 
                injuring officer or juror);
                    ``(XIX) section 1951 of title 18 (interference with 
                commerce by threats or violence);
                    ``(XX) section 1952 of title 18 (interstate and 
                foreign travel or transportation in aid of racketeering 
                enterprises);
                    ``(XXI) section 1962 of title 18 (prohibited 
                activities); or
                    ``(XXII) section 7201 of the Internal Revenue Code 
                of 1986 (attempt to evade or defeat tax).
            ``(ii) 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 
        clause (i).
            ``(iii) Subornation of perjury committed in connection with 
        the false denial of another individual as specified by clause 
        (ii).
    ``(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 sentence 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 
requiring the return of all vested amounts.
    ``(6) Nothing in this subsection shall restrict any authority 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 `Member' 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 offense described in paragraph 
(2) shall not, if or to the extent rendered as a Member (irrespective 
of when rendered), 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 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 offense 
described in section 8332(o)(2)(B) for which the following apply:
            ``(A) The offense is committed by the individual (referred 
        to in paragraph (1)) while a Member.
            ``(B) The conduct on which the offense is based is directly 
        related to the individual's service as a Member.
            ``(C) The offense is committed 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 chapter 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 sentence 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 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 requiring the return of all vested amounts.
    ``(6) Nothing in this subsection shall restrict any authority under 
subchapter II of chapter 83 or any other provision of law to deny or 
withhold benefits authorized by statute.
    ``(7) For purposes of this subsection, the term `Member' has the 
meaning given such term by section 2106, notwithstanding section 
8401(20).''.

            Passed the House of Representatives September 26, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.