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 our judicial system. Internal party rules in the House, however, now 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, although the Member's service in Congress would otherwise continue. It should be noted that Members of Congress do not automatically forfeit their offices upon conviction of a crime that constitutes a felony. There is no express constitutional disability or "disqualification" from Congress for the conviction of a crime, other than under the Fourteenth Amendment for certain treasonous conduct. Members of the House are, however, instructed by House Rule 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' 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 subjectâand has subjected in the pastâMembers 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. The Republican Conference Rules have also provided since 1993 that the "Chairman of a standing, select, joint or ad hoc committee of the Congress, or any subcommittee thereof, who is indicted for a felony for which a sentence of two or more years imprisonment may be imposed, shall step aside.... "
The Rules of the Democratic Caucus have had a similar provision since May of 1980 with regard to committee positions whereby a Democratic Member who is indicted for a felony for which a sentence of two or more years imprisonment may be imposed would "cease to exercise the powers of chairman or ranking minority member and shall step aside.... " In 2005, the Democratic Caucus adopted a provision requiring a member of the Democratic leadership of the House to step aside temporarily when they have been indicted for a felony for which a sentence of two or more years imprisonment may be imposed. Refraining from Voting in Congress After Conviction

Although the office of a Member of Congress is not automatically forfeited upon conviction of a felony, a sitting Member of the House of Representatives convicted of an offense that may result in two or more years imprisonment should, under House Rules XXIII (10), "refrain from participation in the business of each committee of which he is a member, and a Member should refrain from voting" on any question on the floor of the House until his or her presumption of innocence is restored, or until the individual is reelected to Congress. In a change mandated by the House, the House Ethics Committee is required generally to initiate an inquiry by an investigative subcommittee of that committee whenever a Member of the House has been indicted or otherwise charged with criminal conduct in any state or federal court.
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's reasons for not moving forward.
As 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 "disqualification" 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' 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 subjectâand has subjected in the pastâMembers 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's forfeiture of his or her entire federal pension annuity under the provisions of the so-called "Hiss Act" 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's entire "creditable service" as a Member for purposes of calculating their federal retirement annuities if the conduct underlying the conviction related to one's official duties.