HouseH.R. 8898119th Congress
End Government Pensions for Sexual Abusers Act of 2026
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[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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