Senate Bill Would Strip Federal Pensions for Sex Crimes (S. 4447)

Last Updated: May 12, 2026 Reading Time: 8 min

On April 30, 2026, Sen. Joni Ernst (R-IA) and Sen. Kirsten Gillibrand (D-NY) introduced S. 4447, the "No Taxpayer-Funded Pensions for Sex Criminals Act." It closes a real and documented statutory gap: under current federal law (the Hiss Act, 5 USC 8311-8316), federal employees forfeit their pensions only for treason, espionage, sabotage, and similar national-security offenses. Sex crimes are not on the list. Bribery and corruption were added in 2007 (the HLOGA expansion), but only for Members of Congress and only when the offense "directly relates" to official duties. The most-cited example: Dr. Stanley Patrick Weber, an Indian Health Service pediatrician convicted on eight counts of child sexual abuse, collected $98,285/year in federal pension until 2021, and only lost it because he was a PHS Commissioned Corps officer with a separate administrative discharge mechanism. A career civilian federal employee in the same circumstances would have no equivalent pathway. S. 4447 has bipartisan co-sponsorship from Sens. Scott, Crapo, and Graham, but the 118th Congress version (S. 4321) failed to advance. Here is what the bill actually does, what current law actually says, the cases that catalyzed it, and the legislative outlook.

Key Takeaways

• S. 4447 introduced April 30, 2026 by Sen. Ernst (R-IA) and Sen. Gillibrand (D-NY), bipartisan (3 Republican co-sponsors)
• Adds new subsection (d) to 5 USC 8312 listing 18 USC sex-offense statutes as forfeiture-triggering
• Closes Hiss Act gap: current law covers treason/espionage/sabotage but NOT sex crimes
• Stanley Weber case: PHS pediatrician collected $98,285/yr pension until 2021 only because PHS had its own discharge mechanism; civilian federal employees lacked one
• Bill text covers 18 USC sections 2241, 2242, 2243, 2251, 2251A, 2252, 2252A, 2252B, 2252C, 2421, 2421A, 2422, 2423, 2424, 2425 plus equivalent state-law convictions
• Forfeiture mechanism: under existing 5 USC 8316, employee's own contributions are refunded; government contributions and TSP matching are forfeited
• Companion bill S. 4343 (Hawley) narrower scope (Members of Congress only)
• HLOGA track record: zero pensions actually stripped in 15 years (final-conviction loophole, plea-deal workarounds, OPM hardship discretion)
• Outlook: referred to Senate HSGAC; no hearing scheduled. Predecessor S. 4321 failed in 118th Congress. Moderate odds.

What S. 4447 Actually Does

The bill amends 5 USC 8312 (the Hiss Act offense list) to add a new subsection (d) that lists 15 specific 18 USC sex-crime statutes as pension-forfeiture-triggering convictions:

18 USC Section	Offense
2241	Aggravated sexual abuse (force, threat, victim unconscious)
2242	Sexual abuse (victim incapable of declining or placed in fear)
2243	Sexual abuse of a minor or ward
2251	Sexual exploitation of children (production of child pornography)
2251A	Selling or buying of children
2252	Materials involving sexual exploitation of minors
2252A	Activities relating to material constituting or containing child pornography
2252B	Misleading domain names
2252C	Misleading words/digital images
2421	Transportation for prostitution or other illegal sexual activity
2421A	Promotion or facilitation of prostitution
2422	Coercion and enticement
2423	Transportation of minors
2424	Filing factual statements
2425	Use of interstate facilities to transmit information about a minor

State-law equivalents are also covered. The bill aligns with existing Hiss Act practice of treating state convictions the same as federal ones for listed offenses.

Current Law: The Hiss Act (5 USC 8311-8316)

Named after Alger Hiss, codified in 1954. The list of forfeiture-triggering offenses under 5 USC 8312 is narrow:

National security:

• 18 USC 792-794, 798, defense information disclosure, delivering to foreign government
• 18 USC Chapter 105, Sabotage
• 18 USC 2381-2390, Treason, misprision, rebellion, seditious conspiracy

Nuclear:

• 42 USC 2272-2276, Atomic Energy Act violations

Military:

• UCMJ Articles 103a, 104, 106, espionage, aiding enemy, spying

Intelligence:

• 50 USC 783, 50 USC 3121, classified information, intelligence identities

Perjury: only when related to the above

Critically absent: Chapter 109A (Sexual Abuse), Chapter 110 (Sexual Exploitation/Abuse of Children), Chapter 117 (Transportation for Illegal Sexual Activity). Zero sex offenses on the list. This is the gap.

The Stanley Weber Case: Why the Gap Is Documented

Dr. Stanley Patrick Weber was a federal Indian Health Service pediatrician who sexually abused at least eight Native American children at Pine Ridge Reservation and Browning, Montana between 1992 and 2016. He was convicted in 2018-2019 and sentenced to multiple consecutive life sentences plus 18 years.

Critical pension fact: Weber collected a $98,285 annual federal pension from his retirement until 2021. He did not lose it for two and a half years after his conviction.

How he eventually lost it: Weber was a Public Health Service Commissioned Corps officer, a uniformed service. The PHS Corps Board of Inquiry has authority to administratively discharge officers for misconduct. The Board terminated his retired pay in 2021. The Hiss Act played no role. Weber's $98,285 came from a uniformed-service retirement system with its own administrative mechanism that civilian federal retirees do not have.

What if Weber had been a civilian GS pediatrician at the same agency? He would have been removed from federal service through normal Chapter 75 adverse action, but his earned annuity would have continued. The Hiss Act doesn't list 18 USC 2241-2425. There is no equivalent civilian Board of Inquiry that strips civilian annuities for sex crimes.

This is the documented case that motivated the legislation.

Why HLOGA (2007) Didn't Already Solve This

The Honest Leadership and Open Government Act of 2007 (P.L. 110-81) amended 5 USC 8332 (CSRS) and 5 USC 8411 (FERS) to add new pension-forfeiture-triggering offenses:

• Bribery (18 USC 201)
• Acting as foreign agent (22 USC 219)
• Wire fraud (18 USC 1343)
• Prohibited foreign trade practices
• Money laundering
• Witness tampering
• RICO violations
• Perjury related to the above

Two structural limits in HLOGA:

1. Members of Congress only. HLOGA forfeitures apply only to Senators and Representatives, not the broader federal workforce. Career federal employees who commit bribery don't trigger it. Sen. Robert Menendez's 2024 bribery conviction is the closest test case.

2. "Directly relates to official duties" language. Forfeiture applies only when "every element of the offense directly relates to the performance of the individual's official duties as a Member." Off-duty conduct is excluded.

The 2007 expansion did not touch the civilian federal employee pension framework at all. S. 4447 is structured differently, it adds offenses to the Hiss Act framework (5 USC 8312), which DOES apply to all federal civilian employees, not just Members.

HLOGA's 15-year batting average: zero. As of a 2022 National Taxpayers Union Foundation report, no Member of Congress had actually lost a pension under HLOGA. Reasons:

• Final-conviction loophole: annuity not stripped until all appeals exhausted; strategic appeals preserve pensions for years
• Plea-deal workarounds: charges plead down to lesser offenses not listed in HLOGA (Corrine Brown, Michael Grimm)
• OPM "hardship determination" discretion under 5 USC 8316

S. 4447 sponsors have stated they want to write the sex-crimes provision to avoid these loopholes, but the bill text as introduced does not yet specify how.

What Would Happen If You're Convicted (Under S. 4447)

If S. 4447 becomes law and a federal employee is convicted of a listed offense:

What happens	Mechanism
Annuity terminated	5 USC 8312(d) (new) + 5 USC 8316
Employee's own contributions refunded with interest	5 USC 8316
Government's portion of CSRS annuity forfeited	5 USC 8316
FERS basic annuity forfeited	5 USC 8312-8316 (cross-applied)
TSP matching contributions forfeited	Standard Hiss Act practice
Survivor annuity forfeited (spouse/child)	5 USC 8316
Employee's own TSP contributions retained	Not subject to forfeiture
Social Security benefits unaffected	Federal pension forfeiture does not affect SSA

Prospective application: the bill applies to offenses committed after enactment. Constitutional ex post facto concerns (Article I, Section 9) limit retroactive application. However, convictions occurring AFTER enactment for offenses committed BEFORE enactment may still trigger forfeiture, depending on how the final bill text reads.

Already-retired offenders currently receiving annuities are the most legally protected. The Constitution's contract-impairment and takings concerns make retroactive stripping of vested pension rights legally difficult.

Comparison with Military Retirement

Military retirees face a different framework:

Retirement System	Forfeiture Mechanism for Sex Crimes
Federal civilian (CSRS/FERS)	None currently. S. 4447 would create one.
Public Health Service Commissioned Corps	PHS Board of Inquiry administrative discharge
Military (Army/Navy/AF/Marines/Space Force/Coast Guard)	Court-martial conviction + dishonorable discharge under 10 USC 1408

Military retirees can lose pay through court-martial proceedings. PHS officers (like Weber) can lose retired pay through Board of Inquiry. Civilian federal employees currently have no equivalent.

S. 4447 closes this asymmetry for the civilian workforce.

Calculate Pension Loss Scenarios

Use the FERS Retirement Calculator to model how much annuity is at stake at various grade and service combinations. Sample stakes:

Profile	Estimated Annual FERS Annuity
GS-12, 30 years, High-3 $99,404	~$29,800
GS-13, 25 years, High-3 $118,204	~$29,500
GS-14, 35 years, High-3 $139,684	~$48,890
SES, 20 years, High-3 $200,000	~$40,000
GS-15 cap, 30 years, High-3 $197,200	~$59,200

Forfeiture under S. 4447 (if enacted) would zero these out, with only the employee's own contributions refunded. For a 30-year career employee, that's a multi-decade financial impact.

What This Means for Federal Employees

For employees with no related criminal exposure: S. 4447 does not affect you. The bill targets a specific gap in current law for a specific category of conviction.

For HR practitioners: if S. 4447 becomes law, your agency's discipline framework will need to track new pension-implication notifications for any employee facing 18 USC sex-crime indictment. Coordinate with OPM Retirement Services on referral procedures.

For union representatives: monitor bill markup if it advances. AFGE and NTEU have not yet publicly weighed in but the broad bipartisan support suggests low organized opposition.

For congressional staff: the bill is now in HSGAC; track scheduled hearings.

Calculate Your Pension Stakes

If you are a federal employee and want to understand exactly what is at stake under S. 4447 (or any forfeiture scenario):

• FERS Retirement Calculator to model your annuity at various grades and service lengths
• High-3 Salary Calculator to lock in the salary baseline used for pension calculation

Frequently Asked Questions

What does S. 4447 actually do?

Adds 18 USC sex-offense statutes (sections 2241-2425) to the Hiss Act's pension-forfeiture trigger list at 5 USC 8312. Federal civilian employees convicted of those offenses would forfeit their CSRS or FERS annuity. State-law equivalents also covered.

Why don't sex offenders already lose their pensions?

The Hiss Act's offense list (5 USC 8312) is narrow: treason, espionage, sabotage, classified info disclosure. The 2007 HLOGA expansion added bribery for Members only. Sex offenses are on neither list.

Could it strip pensions retroactively?

Constitutional ex post facto concerns limit retroactive application to offenses committed before enactment. Convictions occurring after enactment for offenses committed before may still apply. Already-retired offenders receiving vested annuities are most legally protected.

What about Stanley Weber?

IHS pediatrician convicted on 8 counts of child sexual abuse. Collected $98,285/yr federal pension until 2021. Lost it via PHS Commissioned Corps Board of Inquiry, NOT the Hiss Act. Civilian employees would not have an equivalent pathway.

Will Eric Swalwell lose his pension?

Not under current or proposed law. Allegations alone do not trigger forfeiture. Conviction required.

Has HLOGA actually stripped any pensions?

No. Zero in 15 years (NTU Foundation 2022). Final-conviction loophole, plea-deal workarounds, OPM discretion all played roles.

Related Resources

• State of Federal Retirement Readiness 2026: flagship report on FERS, TSP, and retirement readiness
• FERS Retirement Calculator
• High-3 Salary Calculator
• Federal Hiring Loyalty Question: related federal employee rights coverage
• MSPB 4 Appeal Stages

Sources

• S. 4447, No Taxpayer-Funded Pensions for Sex Criminals Act (GovInfo BILLS-119s4447is.xml)
• 5 USC 8311-8316 (Hiss Act)
• 5 USC 8312 (offenses triggering forfeiture)
• 5 USC 8316 (return of own contributions)
• P.L. 110-81, Honest Leadership and Open Government Act of 2007
• Sen. Joni Ernst press release on S. 4447
• Congressional Research Service: Federal Employee Retirement (general overview)
• National Taxpayers Union Foundation: Track record of HLOGA forfeitures (2022)
• FedSmith: Senators push to end federal pensions for sex offenders (May 5, 2026)
• PBS Frontline: Stanley Patrick Weber case