109th CONGRESS
2d Session
H. R. 6172
To amend title 5, United States Code, to deny retirement benefits
to any Member of Congress convicted of a criminal offense involving abuse
of the public trust.
IN THE HOUSE OF REPRESENTATIVES
September 25, 2006
Mr. KIRK (for himself, Mr. SHADEGG, Mr. PLATTS, Mr. FITZPATRICK of Pennsylvania,
Mr. DAVIS of Kentucky, Mr. DENT, Mr. SHIMKUS, Mrs. BIGGERT, Mr. ENGLISH
of Pennsylvania, Mr. SIMMONS, Mr. REICHERT, Mr. GERLACH, Mr. BRADLEY of
New Hampshire, Mr. PAUL, Mr. HERGER, Mr. PORTER, and Mr. KENNEDY of Minnesota)
introduced the following bill; which was referred to the Committee on House
Administration, and in addition to the Committee on Government Reform, 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 deny retirement benefits
to any Member of Congress convicted of a criminal offense involving abuse
of the public trust.
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 2006'.
SEC. 2. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF CONGRESS
FOR ABUSING THE PUBLIC TRUST.
(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 finally convicted of an offense described in paragraph
(2) shall not be taken into account for purposes of this subchapter, except
that this sentence applies only to service rendered as a Member (irrespective
of when rendered). 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) Every act or omission of the individual (referred to in paragraph
(1)) that is needed to satisfy the elements of the offense occurs while
the individual is a Member.
`(ii) Every act or omission of the individual that is needed to satisfy
the elements of the offense directly relates to the performance of the
individual's official duties as a Member.
`(iii) The offense is committed after the date of enactment of this subsection.
`(B) An offense described in this subparagraph is only the following, and
only to the extent that the offense is a felony under title 18:
`(i) An offense under section 201 of title 18 (bribery of public officials
and witnesses).
`(ii) An offense under section 219 of title 18 (officers and employees
acting as agents of foreign principals).
`(iii) An offense under section 371 of title 18 (conspiracy to commit
offense or to defraud United States) to the extent of any conspiracy to
commit an act which constitutes an offense under clause (i) or (ii).
`(3) An individual convicted of an offense described in paragraph (2) shall
not, after the date of the final conviction, be eligible to participate
in the retirement system under this subchapter or chapter 84 while serving
as a Member.
`(4) The Office of Personnel Management shall prescribe any regulations
necessary to carry out this subsection. Such regulations shall include--
`(A) 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); and
`(B) provisions under which the Office may provide for--
`(i) the payment, to the spouse or children of any individual referred
to in the first sentence of paragraph (1), of any amounts which (but
for this clause) would otherwise have been nonpayable by reason of such
first sentence, but only to the extent that the application of this
clause is considered necessary given the totality of the circumstances;
and
`(ii) an appropriate adjustment in the amount of any lump-sum payment
under the second sentence of paragraph (1) to reflect the application
of clause (i).
`(5) For purposes of this subsection--
`(A) the term `Member' has the meaning given such term by section 2106,
notwithstanding section 8331(2); and
`(B) the term `child' has the meaning given such term by section 8341.'.
(b) Federal Employees' Retirement System- Section 8411 of title 5, United
States Code, is amended by adding at the end the following:
`(l)(1) Notwithstanding any other provision of this chapter, the service
of an individual finally convicted of an offense described in paragraph
(2) shall not be taken into account for purposes of this chapter, except
that this sentence applies only to service rendered as a Member (irrespective
of when rendered). 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) Every act or omission of the individual (referred to in paragraph
(1)) that is needed to satisfy the elements of the offense occurs while
the individual is a Member.
`(B) Every act or omission of the individual that is needed to satisfy
the elements of the offense directly relates to the performance of the
individual's official duties as a Member.
`(C) The offense is committed after the date of enactment of this subsection.
`(3) An individual finally 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) The Office of Personnel Management shall prescribe any regulations
necessary to carry out this subsection. Such regulations shall include--
`(A) 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); and
`(B) provisions under which the Office may provide for--
`(i) the payment, to the spouse or children of any individual referred
to in the first sentence of paragraph (1), of any amounts which (but
for this clause) would otherwise have been nonpayable by reason of such
first sentence, but only to the extent that the application of this
clause is considered necessary given the totality of the circumstances;
and
`(ii) an appropriate adjustment in the amount of any lump-sum payment
under the second sentence of paragraph (1) to reflect the application
of clause (i).
`(5) For purposes of this subsection--
`(A) the term `Member' has the meaning given such term by section 2106,
notwithstanding section 8401(20); and
`(B) the term `child' has the meaning given such term by section 8341.'.
END
