[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1794 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1794

To amend chapter 83 of title 5, United States Code, to provide for the 
    forfeiture of retirement benefits in the case of any Member of 
 Congress, congressional employee, or Federal justice or judge who is 
    convicted of an offense relating to the official duties of that 
 individual, and for the forfeiture of the retirement allowance of the 
                    President for such a conviction.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 1996

    Mr. Gregg (for himself, Mr. Reid, Mr. Nickles, Mr. Warner, Mrs. 
   Kassebaum, Mr. Thurmond, Mr. Smith, and Mr. Bryan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend chapter 83 of title 5, United States Code, to provide for the 
    forfeiture of retirement benefits in the case of any Member of 
 Congress, congressional employee, or Federal justice or judge who is 
    convicted of an offense relating to the official duties of that 
 individual, and for the forfeiture of the retirement allowance of the 
                    President for such a conviction.

    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, Presidential, and 
Judicial 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);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'';
            (3) by adding after paragraph (2) the following new 
        paragraph:
            ``(3) is convicted of an offense named by subsection (d), 
        to the extent provided by that subsection.'';
            (4) by striking ``and'' at the end of subparagraph (A);
            (5) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (6) by adding after subparagraph (B) the following new 
        subparagraph:
            ``(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--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(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, Presidential, and 
        Judicial Pension Forfeiture Act;
            ``(B) the individual was a Member of Congress (including 
        the Vice President), a congressional employee, or a Federal 
        justice or judge at the time of committing the offense; and
            ``(C) the offense is punishable by imprisonment for more 
        than 1 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 208 of title 18 (acts affecting a 
                personal financial interest);
                    ``(vii) section 209 of title 18 (salary of 
                Government officials and employees payable only by the 
                United States);
                    ``(viii) section 219 of title 18 (officers and 
                employees acting as agents of foreign principals);
                    ``(ix) section 286 of title 18 (conspiracy to 
                defraud the Government with respect to claims);
                    ``(x) section 287 of title 18 (false, fictitious, 
                or fraudulent claims);
                    ``(xi) section 371 of title 18 (conspiracy to 
                commit offense or to defraud the United States;
                    ``(xii) section 597 of title 18 (expenditures to 
                influence voting);
                    ``(xiii) section 599 of title 18 (promise of 
                appointment by candidate);
                    ``(xiv) section 602 of title 18 (solicitation of 
                political contributions);
                    ``(xv) section 606 of title 18 (intimidation to 
                secure political contributions);
                    ``(xvi) section 607 of title 18 (place of 
                solicitation);
                    ``(xvii) section 641 of title 18 (public money, 
                property or records); or
                    ``(xviii) section 1001 of title 18 (statements or 
                entries generally).
            ``(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--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(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, Presidential, and Judicial Pension 
        Forfeiture Act, for an offense named by section 8312(d)(2) of 
        this title, but only if such offense satisfies section 
        8312(d)(1)(C) of this title;
            ``(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 under subsection (a)(1)) 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--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(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.''.

SEC. 5. FORFEITURE OF PRESIDENTIAL ALLOWANCE.

    Subsection (a) of the first section of the Act entitled ``An Act to 
provide retirement, clerical assistance, and free mailing privileges to 
former Presidents of the United States, and for other purposes'', 
approved August 25, 1958 (Public Law 85-745; 72 Stat. 838; 3 U.S.C. 102 
note) is amended--
            (1) by striking ``Each former President'' and inserting 
        ``(1) Subject to paragraph (2), each former President''; and
            (2) by inserting at the end the following new paragraph:
    ``(2) The allowance payable to an individual under paragraph (1) 
shall be forfeited if--
            ``(A) the individual is convicted of an offense described 
        under section 8312(d)(2) of title 5, United States Code, after 
        the date of the enactment of the Congressional, Presidential, 
        and Judicial Pension Forfeiture Act;
            ``(B) such individual committed such offense during the 
        individual's term of office as President; and
            ``(C) the offense is punishable by imprisonment for more 
        than 1 year.''.
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