[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 820 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 820

 To amend chapters 83 and 84 of title 5, United States Code, to limit 
   certain retirement benefits of Members of Congress, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 1997

 Mr. Brownback introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend chapters 83 and 84 of title 5, United States Code, to limit 
   certain retirement benefits of Members 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. ACCRUAL RATES FOR MEMBERS OF CONGRESS UNDER CSRS AND FERS.

    (a) CSRS.--
            (1) Members.--Section 8339(c) of title 5, United States 
        Code, is amended by striking all that follows ``with respect 
        to--'' and inserting the following:
            ``(1) so much of his service as a Member as was performed 
        before the beginning of the 106th Congress;
            ``(2) so much of his military service as--
                    ``(A) is creditable for the purpose of this 
                subsection; and
                    ``(B) was performed before the beginning of such 
                Congress; and
            ``(3) so much of his Congressional employee service as was 
        performed before the beginning of such Congress;
by multiplying 2\1/2\ percent of his average pay by the years of that 
service.''.
            (2) Technical amendment.--Section 8332(d) of title 5, 
        United States Code, is amended by striking ``section 
        8339(c)(1)'' and inserting ``section 8339(c)''.
    (b) FERS.--
            (1) Members.--Section 8415(b) of title 5, United States 
        Code, is amended by striking ``shall'' and inserting ``shall, 
        to the extent that such service was performed before the 
        beginning of the 106th Congress,''.
            (2) Provisions relating to the 1.1 percent accrual rate.--
        Section 8415(g) of title 5, United States Code, is amended--
                    (A) in paragraph (1) by striking ``an employee 
                under paragraph (2),'' and inserting ``an employee or 
                Member under paragraph (2),'';
                    (B) in paragraph (2) by inserting ``or Member'' 
                after ``in the case of an employee''; and
                    (C) by adding at the end the following:
    ``(3) Notwithstanding any other provision of this subsection--
            ``(A) this subsection shall not apply in the case of a 
        Member whose separation (on which entitlement to annuity is 
        based) occurs before the beginning of the 106th Congress; and
            ``(B) in the case of a Member to whom this subsection 
        applies, the 1.1 percent accrual rate shall apply only with 
        respect to any period of service other than a period with 
        respect to which the 1.7 percent accrual rate applies under 
        subsection (b) or (c).''.

SEC. 2. TREATMENT OF MEMBERS OF CONGRESS AS EMPLOYEES FOR ANNUITY 
              COMPUTATIONS.

    (a) Computation of Annuity.--Section 8415 of title 5, United States 
Code, is amended in subsection (a) by inserting ``or Member'' after 
``employee''.
    (b) Contributions.--
            (1) Deductions from pay.--Section 8422(a)(2) of title 5, 
        United States Code, is amended--
                    (A) in subparagraph (A) by inserting ``or Member'' 
                after ``employee)''; and
                    (B) in subparagraph (B) by striking ``Member,''.
            (2) Government contributions.--Section 8423(a)(1) of title 
        5, United States Code, is amended--
                    (A) in subparagraph (A)(i) by striking 
                ``subparagraph (B)),'' and inserting ``subparagraph 
                (B)) and Members,'';
                    (B) in subparagraph (A)(ii) by inserting ``and 
                Members'' before ``(under'';
                    (C) in subparagraph (B)(i) by striking 
                ``Members,''; and
                    (D) in subparagraph (B)(ii) by striking ``and 
                Members''.
    (c) Effective Date; Savings Provision.--
            (1) Effective date.--This section shall take effect as of 
        the first day of the first applicable pay period beginning 
        after the end of the 12-month period beginning on the date of 
        the enactment of this Act.
            (2) Savings provision.--Any annuity or portion of an 
        annuity computed based on service performed before the 
        effective date of this section shall be computed in accordance 
        with applicable provisions of law, as in effect immediately 
        before the effective date of this section.

SEC. 3. TWELVE-YEAR LIMITATION ON CREDITABLE SERVICE IN RETIREMENT 
              SYSTEMS FOR MEMBERS OF CONGRESS.

    (a) Federal Employees' Retirement System.--
            (1) Limitation.--Chapter 84 of title 5, United States Code, 
        is amended by inserting after section 8410 the following:
``Sec. 8410a. Limitation relating to Members
    ``(a) This section shall apply with respect to any Member serving 
as--
            ``(1) a Member of the House of Representatives after 
        completing 12 years of service as a Member of the House of 
        Representatives; or
            ``(2) a Senator after completing 12 years of service as a 
        Senator.
    ``(b) A Member to whom this section applies remains subject to this 
chapter, except as follows:
            ``(1)(A) Deductions under section 8422 shall not be made 
        from any pay for service performed as such a Member.
            ``(B) Government contributions under section 8423 shall not 
        be made with respect to any such Member.
            ``(C) Service performed as such a Member shall not be taken 
        into account for purposes of any computation under section 
        8415.
            ``(2) Government contributions under section 8432(c) shall 
        not be made with respect to any period of service performed as 
        such a Member.
    ``(c) Nothing in subsection (b) shall be considered to prevent any 
period of service from being taken into account for purposes of 
determining whether any age and service requirements for entitlement to 
an annuity have been met.
    ``(d) For purposes of subsection (a)--
            ``(1) only service performed after the 105th Congress shall 
        be taken into account; and
            ``(2) service performed while subject to subchapter III of 
        chapter 83 (if any) shall be treated in the same way as if it 
        had been performed while subject to this chapter.
    ``(e) For purposes of this section, the term `Member of the House 
of Representatives' includes a Delegate to the House of Representatives 
and the Resident Commissioner from Puerto Rico.''.
            (2) Table of contents.--The table of contents for chapter 
        84 of title 5, United States Code, is amended by inserting 
        after the item relating to section 8410 the following:

``8410a. Limitation relating to Members.''.
    (b) Civil Service Retirement System.--
            (1) Limitation.--Chapter 83 of title 5, United States Code, 
        is amended by inserting after section 8333 the following:
``Sec. 8333a. Limitation relating to Members
    ``(a) This section shall apply with respect to any Member serving 
as--
            ``(1) a Member of the House of Representatives after 
        completing 12 years of service as a Member of the House of 
        Representatives; or
            ``(2) a Senator after completing 12 years of service as a 
        Senator.
    ``(b) A Member to whom this section applies remains subject to this 
subchapter, except as follows:
            ``(1) Deductions under the first sentence of section 
        8334(a) shall not be made from any pay for service performed as 
        such a Member.
            ``(2) Government contributions under the second sentence of 
        section 8334(a) shall not be made with respect to any such 
        Member.
            ``(3) Service performed as such a Member shall not be taken 
        into account for purposes of any computation under section 
        8339, except in the case of a disability annuity.
    ``(c)(1) Nothing in subsection (b) shall be considered to prevent 
any period of service from being taken into account for purposes of 
determining whether any age and service requirements for entitlement to 
an annuity have been met.
    ``(2) Nothing in subsection (b) or (c) of section 8333 shall apply 
with respect to a Member who, at the time of separation, is a Member to 
whom this section applies.
    ``(d) For purposes of subsection (a), only service performed after 
the 105th Congress shall be taken into account.
    ``(e) For purposes of this section, the term `Member of the House 
of Representatives' includes a Delegate to the House of Representatives 
and the Resident Commissioner from Puerto Rico.''.

``8333a. Limitation relating to Members of the House of 
                            Representatives.''.

SEC. 4. CONGRESSIONAL RETIREMENT FORFEITURE.

    (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 convicted of an offense described in 
paragraph (2) shall not, if or to the extent rendered as a Member 
(irrespective of when rendered), be taken into account for purposes of 
this subchapter. 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) The offense is committed by the individual (referred 
        to in paragraph (1)) while a Member.
            ``(ii) The conduct on which the offense is based is 
        directly related to the individual's service as a Member.
            ``(iii) The offense is committed during the 106th Congress 
        or later.
    ``(B) The offenses described in this subparagraph are as follows:
            ``(i) An offense within the purview of--
                    ``(I) section 201 of title 18 (bribery of public 
                officials and witnesses);
                    ``(II) section 203 of title 18 (compensation to 
                Members of Congress, officers, and others in matters 
                affecting the Government);
                    ``(III) section 204 of title 18 (practice in United 
                States Court of Federal Claims or the United States 
                Court of Appeals for the Federal Circuit by Members of 
                Congress);
                    ``(IV) section 207 of title 18 (restrictions on 
                former officers, employees, and elected officials of 
                the executive and legislative branches);
                    ``(V) section 219 of title 18 (officers and 
                employees acting as agents of foreign principals);
                    ``(VI) section 286 of title 18 (conspiracy to 
                defraud the Government with respect to claims);
                    ``(VII) section 287 of title 18 (false, fictitious, 
                or fraudulent claims);
                    ``(VIII) section 371 of title 18 (conspiracy to 
                commit offense or to defraud the United States;
                    ``(IX) section 597 of title 18 (expenditures to 
                influence voting);
                    ``(X) section 599 of title 18 (promise of 
                appointment by candidate);
                    ``(XI) section 602 of title 18 (solicitation of 
                political contributions);
                    ``(XII) section 606 of title 18 (intimidation to 
                secure political contributions);
                    ``(XIII) section 607 of title 18 (place of 
                solicitation);
                    ``(XIV) section 641 of title 18 (public money, 
                property or records);
                    ``(XV) section 1001 of title 18 (statements or 
                entries generally);
                    ``(XVI) section 1341 of title 18 (frauds and 
                swindles);
                    ``(XVII) section 1343 of title 18 (fraud by wire, 
                radio, or television);
                    ``(XVIII) section 1503 of title 18 (influencing or 
                injuring officer or juror);
                    ``(XIX) section 1951 of title 18 (interference with 
                commerce by threats or violence);
                    ``(XX) section 1952 of title 18 (interstate and 
                foreign travel or transportation in aid of racketeering 
                enterprises);
                    ``(XXI) section 1962 of title 18 (prohibited 
                activities); or
                    ``(XXII) section 7201 of the Internal Revenue Code 
                of 1986 (attempt to evade or defeat tax).
            ``(ii) Perjury committed under the statutes of the United 
        States in falsely denying the commission of an act which 
        constitutes an offense within the purview of a statute named by 
        clause (i).
            ``(iii) Subornation of perjury committed in connection with 
        the false denial of another individual as specified by clause 
        (ii).
    ``(3) An individual convicted of an offense described in paragraph 
(2) shall not, after the date of the conviction, be eligible to 
participate in the retirement system under this subchapter while 
serving as a Member.
    ``(4) Except as provided in paragraph (5), the Office shall 
prescribe such regulations as may be necessary to carry out this 
subsection, including 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).
    ``(5) The Executive Director (within the meaning of section 
8401(13)) shall prescribe such regulations as may be necessary to carry 
out the purposes of this subsection with respect to the Thrift Savings 
Plan. Regulations under this paragraph shall include provisions 
requiring the return of all vested amounts.
    ``(6) Nothing in this subsection shall restrict any authority under 
subchapter II or any other provision of law to deny or withhold 
benefits authorized by statute.
    ``(7) For purposes of this subsection, the term `Member' has the 
meaning given such term by section 2106, notwithstanding section 
8331(2).''.
    (b) Federal Employees' Retirement System.--Section 8411 of title 5, 
United States Code, is amended by adding at the end the following:
    ``(i)(1) Notwithstanding any other provision of this chapter, the 
service of an individual convicted of an offense described in paragraph 
(2) shall not, if or to the extent rendered as a Member (irrespective 
of when rendered), be taken into account for purposes of this chapter. 
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) The offense is committed by the individual (referred 
        to in paragraph (1)) while a Member.
            ``(B) The conduct on which the offense is based is directly 
        related to the individual's service as a Member.
            ``(C) The offense is committed during the 106th Congress or 
        later.
    ``(3) An individual convicted of an offense described in paragraph 
(2) shall not, after the date of the conviction, be eligible to 
participate in the retirement system under this chapter while serving 
as a Member.
    ``(4) Except as provided in paragraph (5), the Office shall 
prescribe such regulations as may be necessary to carry out this 
subsection, including 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).
    ``(5) The Executive Director shall prescribe such regulations as 
may be necessary to carry out the purposes of this subsection with 
respect to the Thrift Savings Plan. Regulations under this paragraph 
shall include provisions requiring the return of all vested amounts.
    ``(6) Nothing in this subsection shall restrict any authority under 
subchapter II of chapter 83 or any other provision of law to deny or 
withhold benefits authorized by statute.
    ``(7) For purposes of this subsection, the term `Member' has the 
meaning given such term by section 2106, notwithstanding section 
8401(20).''.
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