[Congressional Record Volume 153, Number 3 (Monday, January 8, 2007)]
[Senate]
[Pages S236-S237]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself and Mr. Salazar):
  S. 196. A bill to amend title 5, United States Code, to deny Federal 
retirement benefits to individuals convicted of certain offenses, and 
for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. KERRY. Mr. President, today Senator Salazar and I are the 
Congressional Pension Accountability Act legislation to deny Federal 
pensions to Members of Congress who are convicted of white collar crime 
such as bribery. A similar provision passed the House of 
Representatives during the 109th Congress. I look forward to working 
with my colleagues to include this legislation in the ethics reform 
legislation to be considered by the Senate this week.
  I strongly believe that all Members of Congress must be held to the 
highest ethical standards and those who violate the public trust must 
be held accountable for their actions. Last year, a series of scandals 
exposed Washington lobbyists and Members of Congress who used undue and 
improper influence to represent special interests in their dealings 
with the Federal Government.
  In 2005, the now infamous Washington lobbyist Jack Abramoff pleaded 
guilty to conspiracy, mail fraud and tax evasion charges in a plea 
agreement. The Justice Department is currently investigating his 
attempts to influence Federal Government policy in both Congress and 
the Executive Branch.
  Last November, Representative Bob Ney resigned from the House of 
Representatives after pleading guilty to conspiracy and making false 
statements. In a plea agreement, former Representative Ney acknowledged 
taking trips, tickets, meals and campaign donations from Mr. Abramoff 
in return for taking official actions on behalf of Abramoff clients.
  In March 2002, Representative Ney inserted an amendment in the Help 
America Vote Act to lift an existing Federal ban against commercial 
gaming by a Texas Native American tribal client of Abramoff. In return, 
Representative Ney received all-expense-paid and reduced-price trips to 
Scotland to play golf, a trip to New Orleans

[[Page S237]]

to gamble and a vacation in Lake George, NY, all courtesy of Mr. 
Abramoff.
  In the largest bribery case in the Congress since the 1980s, 
Representative Randy ``Duke'' Cunningham recently resigned from the 
House of Representatives after pleading guilty in Federal court to 
receiving $2.4 million in bribes from military contractors and evading 
more than $1 million in taxes. In a plea agreement, former 
Representative Cunningham admitted to a pattern of bribery lasting 
close to 5 years, with Federal contractors giving him Persian rugs, a 
Rolls-Royce, and antique furniture and paying for travel and hotel 
expenses, use of a yacht and a lavish graduation party for his 
daughter.
  These stories are outrageous and they sicken me. As elected 
representatives, we must hold ourselves and all those who represent the 
Federal Government to the highest ethical standards. The principle is a 
simple one: Public servants who abuse the public trust and are 
convicted of ethics crimes should not collect taxpayer fmanced 
pensions.
  Under current law, former Representatives Cunningham, Ney and others 
convicted of serious ethics abuses will receive a Congressional pension 
of approximately $40,000 per year--paid for by American taxpayers. Only 
a conviction for a crime against the United States, such as treason or 
espionage, will cost a Member of Congress their pension. This law must 
be changed to ensure that Congress does not reward unethical behavior.
  The Congressional Pension Accountability Act will bar Members of 
Congress from receiving taxpayer-funded retirement benefits after they 
have been convicted of bribery, conspiracy, perjury or other serious 
ethics offenses.
  It is my understanding that there is some concern about how this 
legislation may affect innocent spouses and children of Members of 
Congress who lose their pensions as a result of this legislation. Even 
after this legislation is enacted, the Member will still receive a 
refund of all contributions into either the Federal Employees 
Retirement System (FERS) or the Civil Service Retirement System (CSRS) 
and will retain all benefits from the Thrift Savings Plan (TSP).
  The Congressional Pension Accountability Act is supported by the 
National Taxpayers Union and a similar provision is supported by 
Taxpayers for Common Sense, the Family Research Council and Citizens 
Against Government Waste.
  Together we can significantly improve our government by changing the 
way business is done in Washington. I believe this legislation will 
help ensure that our government once again responds to the needs of our 
people, not special interests. I ask all my colleagues to support this 
legislation.
                                 ______