[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 476 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 476
To amend title 5, United States Code, to make noncreditable for Federal
retirement purposes any Member service performed by an individual who
is convicted of any of certain offenses committed by that individual
while serving as a Member of Congress, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2007
Mrs. Boyda of Kansas 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 make noncreditable for Federal
retirement purposes any Member service performed by an individual who
is convicted of any of certain offenses committed by that individual
while serving as a Member of Congress, 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. LOSS OF PENSIONS ACCRUED DURING SERVICE AS A MEMBER OF
CONGRESS FOR ABUSING THE PUBLIC TRUST.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual finally convicted of an offense described
in paragraph (2) shall not be taken into account for purposes of this
subchapter, except that this sentence applies only to service rendered
as a Member (irrespective of when rendered). Any such individual (or
other person determined under section 8342(c), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(ii) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(iii) The offense is committed after the date of
enactment of this subsection.
``(B) An offense described in this subparagraph is only the
following, and only to the extent that the offense is a felony under
title 18:
``(i) An offense under section 201 of title 18 (bribery of
public officials and witnesses).
``(ii) An offense under section 219 of title 18 (officers
and employees acting as agents of foreign principals).
``(iii) An offense under section 371 of title 18
(conspiracy to commit offense or to defraud United States), to
the extent of any conspiracy to commit an act which
constitutes--
``(I) an offense under clause (i) or (ii); or
``(II) an offense under section 207 of title 18
(restrictions on former officers, employees, and
elected officials of the executive and legislative
branches).
``(iv) Perjury committed under section 1621 of title 18 in
falsely denying the commission of an act which constitutes--
``(I) an offense under clause (i) or (ii); or
``(II) an offense under clause (iii), to the extent
provided in such clause.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this subchapter or chapter
84 while serving as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8331(2); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(l)(1) Notwithstanding any other provision of this chapter, the
service of an individual finally convicted of an offense described in
paragraph (2) shall not be taken into account for purposes of this
chapter, except that this sentence applies only to service rendered as
a Member (irrespective of when rendered). Any such individual (or other
person determined under section 8424(d), if applicable) shall be
entitled to be paid so much of such individual's lump-sum credit as is
attributable to service to which the preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) Every act or omission of the individual (referred to
in paragraph (1)) that is needed to satisfy the elements of the
offense occurs while the individual is a Member.
``(B) Every act or omission of the individual that is
needed to satisfy the elements of the offense directly relates
to the performance of the individual's official duties as a
Member.
``(C) The offense is committed after the date of enactment
of this subsection.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the final conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) The Office of Personnel Management shall prescribe any
regulations necessary to carry out this subsection. Such regulations
shall include--
``(A) provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be
limited in a manner similar to that specified in the last
sentence of section 8316(b); and
``(B) provisions under which the Office may provide for--
``(i) the payment, to the spouse or children of any
individual referred to in the first sentence of
paragraph (1), of any amounts which (but for this
clause) would otherwise have been nonpayable by reason
of such first sentence, but only to the extent that the
application of this clause is considered necessary
given the totality of the circumstances; and
``(ii) an appropriate adjustment in the amount of
any lump-sum payment under the second sentence of
paragraph (1) to reflect the application of clause (i).
``(5) For purposes of this subsection--
``(A) the term `Member' has the meaning given such term by
section 2106, notwithstanding section 8401(20); and
``(B) the term `child' has the meaning given such term by
section 8341.''.
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