[Congressional Record Volume 142, Number 74 (Thursday, May 23, 1996)]
[Senate]
[Pages S5614-S5615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONGRESSIONAL, PRESIDENTIAL, AND JUDICIAL PENSION FORFEITURE ACT

 Mr. REID. Mr. President, today I join Senators Gregg and 
Nickles in introducing long overdue legislation which creates tough new 
sanctions for public officials who engage in wrongdoing while they are 
in office. This legislation, the Congressional, Presidential, and 
Judicial Pension Forfeiture Act, prohibits the receipt of pension 
benefits by Members of Congress, Presidents and members of the 
judiciary who engage in criminal conduct while in office. Those who 
engage in felonies that relate to abuse of office and undermine 
confidence in public officials should not be entitled to receive 
generous pension benefits.
  Recently, I have heard from many constituents about this issue. This 
is really something that reflects on the integrity of this institution. 
It is an issue that affects any individual who aspires to public 
service. Most I have heard from are upset with the ability of public 
servants to collect pension benefits after they have been convicted of 
a felony while serving in a public office. Current law allows a former 
Member of Congress or a judge to collect their taxpayer financed 
pensions even after they have been convicted of such offenses as 
perjury.
  The bipartisan legislation we are introducing today would put an end 
to this practice. Taxpayer financed pensions are not an entitlement. If 
public officials breach the public's trust they should forfeit their 
right to these pensions. They do not deserve these benefits if they 
commit crimes while serving in office. Serving in public office is an 
honor carrying tremendous responsibility. Whether you are the 
President, a Federal judge, or a Member of Congress you are always 
aware of this responsibility. Few undertake this responsibility 
lightly.
  Yet all of us are aware of recent cases involving egregious 
violations of the public trust. Unfortunately, these individual cases, 
while isolated, tarnish the image of all public officeholders. They 
undermine public confidence in our democracy. They do so because the 
public is led to believe that crime committed while serving in public 
office pays. And to a certain extent, under the current law, it does. 
Public officials can commit fraud or perjury

[[Page S5615]]

while in public office and are still able to collect generous pensions. 
This is simply not right.
  The bipartisan legislation we are introducing today will put an end 
to this. Judges, Members of Congress and the President will forfeit 
their pension benefits if they commit felonies while in public office. 
The list of felonies which would result in a loss of pension are 
directly related to the performance of official duties. Among the 
offenses listed in the bill are bribery and illegal gratuities, 
improper representation before the government, violation of 
antilobbying restrictions, false claims and fraud, abuse of the 
electoral process, conspiracy to defraud the United States, and 
perjury.
  Public service is both an honor and a privilege. It represents a 
sacred trust and thus we ought to have harsh penalties for those who 
breach that trust. Those who violate this trust while serving in public 
office should not be entitled to their pensions. The taxpayers have 
helped finance these pensions. At a minimum, they are owed this kind of 
accountability.
  Finally, I wish to thank Senators Gregg and Nickles for their 
leadership and support on this issue. Senators Gregg, Nickles and I had 
been working on a solution to this issue and I am confident that this 
legislation is the appropriate response. I believe this is a problem in 
need of bipartisan attention. Greater accountability will ultimately 
produce public greater confidence in our three branches of 
government.

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