H.R. 8898

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8898 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8898

To amend title 5, United States Code, to deny Federal retirement 
benefits to Members of Congress convicted of sexual offenses, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 19, 2026

Ms. Malliotakis (for herself and Mrs. Dingell) introduced the following 
bill; which was referred to the Committee on House Administration, and 
in addition to the Committee on Oversight and 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 Federal retirement 
benefits to Members of Congress convicted of sexual offenses, 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 ``End Government Pensions for Sexual 
Abusers Act of 2026''.

SEC. 2. DENIAL OF RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS.

(a) In General.--Subchapter II of chapter 83 of title 5, United 
States Code, is amended by inserting after section 8312 the following:
``Sec. 8312a. Conviction of certain offenses
``(a) Prohibition.--
``(1) In general.--An individual who is Member of Congress 
or former Member of Congress, or a survivor or beneficiary of 
such an individual, 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 
sections 8311(2) and (3) of this title and subsections (d) and 
(e) of this section, if the individual is convicted of an 
offense--
``(A) within the purview of--
``(i) section 1470, 1591, 2241, 2242, 2243, 
2244, 2245, 2251, 2252, 2260 of title 18;
``(ii) paragraph (3) or (5) of section 
2244(a) of title 18; or
``(iii) chapter 71 or 77 of title 18; and
``(B) for which the conduct constituting the 
offense is committed on or after the date of the 
enactment of the End Government Pensions for Sexual 
Abusers Act of 2026, which shall include any offense 
that includes conduct that continued on or after such 
date of enactment.
``(2) Notice.--If an individual entitled to an annuity or 
retired pay is convicted of an offense described in paragraph 
(1), the Attorney General shall notify the head of the agency 
administering the annuity or retired pay of the individual.
``(b) Foreign Offenses.--
``(1) In general.--For purposes of subsection (a), a 
conviction of an offense within the meaning of such subsection 
may be established if the Attorney General certifies to the 
agency administering the annuity or retired pay concerned--
``(A) that an individual has been convicted by an 
impartial court of appropriate jurisdiction within a 
foreign country in circumstances in which the conduct 
would constitute an offense described in subsection 
(a)(1), had such conduct taken place within the United 
States, and that such conviction is not being appealed 
or that final action has been taken on such appeal;
``(B) that such conviction was obtained in 
accordance with procedures that provided the defendant 
due process rights comparable to such rights provided 
by the United States Constitution, and such conviction 
was based upon evidence which would have been 
admissible in the courts of the United States; and
``(C) that such conduct occurred after the date of 
enactment of this section, which shall include any 
offense that includes conduct that continued on or 
after such date of enactment.
``(2) Review.--Any certification made pursuant to this 
subsection shall be subject to review by the United States 
Court of Federal Claims based upon the application of the 
individual concerned, or his or her attorney, alleging that a 
condition set forth in subparagraph (A), (B), or (C) of 
paragraph (1), as certified by the Attorney General, has not 
been satisfied in his or her particular circumstances. Should 
the court determine that any of these conditions has not been 
satisfied in such case, the court shall order any annuity or 
retirement benefit to which the individual concerned is 
entitled to be restored and shall order that any payments which 
may have been previously denied or withheld to be paid by the 
department or agency concerned.
``(c) Absence From the United States To Avoid Prosecution.--
``(1) In general.--An individual who is Member of Congress 
or former Member of Congress, or a survivor or beneficiary of 
such an individual, may not be paid annuity or retired pay on 
the basis of the service of the individual in any position as 
an officer or employee of the Federal Government which is 
creditable toward the annuity or retired pay, subject to the 
exceptions in sections 8311(2) and (3) of this title, if the 
individual--
``(A) is under indictment for an offense described 
in subsection (a); and
``(B) 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.
``(2) Period.--The prohibition on payment of annuity or 
retired pay under paragraph (1) applies during the period--
``(A) beginning on the day after the end of the 1-
year period described in paragraph (1); and
``(B) ending on the date on which--
``(i) a nolle prosequi to the entire 
indictment is entered on the record or the 
charges are dismissed by competent authority;
``(ii) the individual returns and 
thereafter the indictment or charges is or are 
dismissed; or
``(iii) after trial by court or court-
martial, the accused is found not guilty of the 
offense or offenses.
``(d) Payments to Victims.--
``(1) In general.--Notwithstanding section 8346(a), section 
8470(a), or any other provision of law exempting an annuity or 
retired pay from execution, levy, attachment, garnishment, or 
other legal process, if the annuity or retired pay of an 
individual is subject to forfeiture under this section, the 
head of the agency administering the annuity or retired pay 
shall pay, from amounts that would have been used to pay the 
annuity or retired pay, amounts to a victim of an offense 
described in subsection (a) committed by the individual if and 
to the extent payment of such amounts is expressly provided for 
in--
``(A) any court order of restitution to or similar 
compensation of the victim; or
``(B) any court order or other similar process in 
the nature of garnishment for the enforcement of a 
judgment rendered against such individual relating to 
the offense or the course of conduct constituting the 
offense.
``(2) Maximum amount.--The total amount paid to a victim 
under paragraph (1) shall not exceed the amount that is subject 
to forfeiture under this section.
``(3) Limit on refunds.--Contributions and deposits by an 
individual whose annuity or retired pay is subject to 
forfeiture under this section shall not be refunded under 
section 8316 to the extent the amount of such contributions or 
deposits are paid to a victim under paragraph (1).''.
(b) Nonaccrual of Interest on Refunds.--Section 8316 of title 5, 
United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph 
(1), by inserting ``under section 8312a or'' before ``because 
an individual''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the 
end;
(B) in paragraph (2), by striking the period at the 
end and inserting ``or''; and
(C) by adding at the end the following:
``(3) if the individual is convicted of an offense 
described in section 8312a(a), for the period after the 
conviction.''.
(c) Clerical Amendment.--The table of sections for chapter 83 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 8312 the following:

``8312a. Conviction of certain offenses.''.
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