{ "id": "RL33229", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33229", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 430823, "date": "2014-05-08", "retrieved": "2016-04-06T20:26:08.128550", "title": "Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony", "summary": "There are no federal statutes or Rules of the House of Representatives that directly affect the status of a Member of Congress who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, or the Rules of the House merely upon an indictment for an offense, prior to an establishment of guilt under the judicial system. Under House Rules, therefore, an indicted Member may continue to participate in congressional proceedings and considerations. Under the Constitution, a person under indictment is not disqualified from being a Member of or a candidate for re-election to Congress. Internal party rules in the House, however, require an indicted chairman or ranking Member of a House committee, or a member of the House party leadership, to temporarily step aside from his or her leadership or chairmanship position. Additionally, a change in rules by the House requires the House Committee on Ethics to either initiate an inquiry by an investigative subcommittee of that Committee within 30 days of the time any Member of the House has been indicted or otherwise charged with criminal conduct in any state or federal court, or to report to the House the Committee\u2019s reasons for not moving forward.\nAs to a conviction of a crime, Members of Congress do not automatically forfeit their offices upon conviction of a crime that constitutes a felony. No express constitutional disability or \u201cdisqualification\u201d from Congress exists for the conviction of a crime, other than under the Fourteenth Amendment for certain treasonous conduct by someone who has taken an oath of office to support the Constitution. Members of the House are, however, instructed by House Rules not to vote in committee or on the House floor once they have been convicted of a crime for which the punishment may be two or more years\u2019 imprisonment. Furthermore, under party rules, Members may lose their chairmanships of committees or ranking member status upon conviction of a felony. Conviction of certain crimes may subject\u2014and has subjected in the past\u2014Members of the House to internal legislative disciplinary proceedings, including resolutions of reprimand or censure, as well as expulsion from the House upon approval of two-thirds of the Members. Conviction of certain crimes relating to national security offenses would result in the Member\u2019s forfeiture of his or her entire federal pension annuity under the provisions of the so-called \u201cHiss Act\u201d and, under more recent provisions of law, conviction of particular crimes by Members relating to public corruption will result in the loss of the Member\u2019s entire \u201ccreditable service\u201d as a Member for purposes of calculating their federal retirement annuities if the conduct underlying the conviction related to one\u2019s official duties.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33229", "sha1": "4a19c95e54d826ea8837cf6bcb620b7395884b59", "filename": "files/20140508_RL33229_4a19c95e54d826ea8837cf6bcb620b7395884b59.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33229", "sha1": "ca084b3e8696c516be5cd1a752a81efeab954acf", "filename": "files/20140508_RL33229_ca084b3e8696c516be5cd1a752a81efeab954acf.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 2405, "name": "Government Ethics and Lobbying" }, { "source": "CongOpsList", "id": 4159, "name": "Congressional Ethics" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc811405/", "id": "RL33229_2007Oct05", "date": "2007-10-05", "retrieved": "2016-03-19T13:57:26", "title": "Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20071005_RL33229_11657fd53997b2567a3080a6b4317bee90e7aa22.pdf" }, { "format": "HTML", "filename": "files/20071005_RL33229_11657fd53997b2567a3080a6b4317bee90e7aa22.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc808424/", "id": "RL33229_2007Jun06", "date": "2007-06-06", "retrieved": "2016-03-19T13:57:26", "title": "Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070606_RL33229_1e331d76ba4a6c351cf9e98520e2b95dd64ed03a.pdf" }, { "format": "HTML", "filename": "files/20070606_RL33229_1e331d76ba4a6c351cf9e98520e2b95dd64ed03a.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs8128/", "id": "RL33229 2006-01-05", "date": "2006-01-05", "retrieved": "2006-02-14T17:25:06", "title": "Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060105_RL33229_a9c33ec525754c70f6da521b95846ddf9996b883.pdf" }, { "format": "HTML", "filename": "files/20060105_RL33229_a9c33ec525754c70f6da521b95846ddf9996b883.html" } ], "topics": [ { "source": "LIV", "id": "Congress", "name": "Congress" }, { "source": "LIV", "id": "House rules and procedure", "name": "House rules and procedure" }, { "source": "LIV", "id": "Congressional ethics", "name": "Congressional ethics" } ] } ], "topics": [ "Constitutional Questions" ] }