[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2268 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2268

   To amend title 5, United States Code, to deny Federal retirement 
 benefits to individuals convicted of certain offenses, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2006

Mr. Kerry (for himself and Mr. Salazar) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 5, United States Code, to deny Federal retirement 
 benefits to individuals convicted of certain offenses, 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. SHORT TITLE.

    This Act may be cited as the ``Congressional Pension Accountability 
Act''.

SEC. 2. DENIAL OF RETIREMENT BENEFITS.

    (a) In General.--Section 8312(a) of title 5, United States Code, is 
amended--
            (1) by striking ``or'' at the end of paragraph (1), by 
        striking the period at the end of paragraph (2) and inserting 
        ``; or'', and by inserting after paragraph (2) the following:
            ``(3) was convicted of an offense described in subsection 
        (d), to the extent provided by that subsection.''; and
            (2) by striking ``and'' at the end of subparagraph (A), by 
        striking the period at the end of subparagraph (B) and 
        inserting ``; and'', and by inserting after subparagraph (B) 
        the following:
            ``(C) with respect to the offenses described in subsection 
        (d), to the period after the date of conviction.''.
    (b) Offenses Described.--Section 8312 of such title 5 is amended by 
redesignating subsection (d) as subsection (e), and by inserting after 
subsection (c) the following:
    ``(d) The offenses to which subsection (a)(3) applies are the 
following:
            ``(1) An offense within the purview of--
                    ``(A) section 201 of title 18 (bribery of public 
                officials and witnesses); or
                    ``(B) 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 an 
                offense within the purview of such section 201.
            ``(2) Perjury committed under the statutes of the United 
        States or the District of Columbia in falsely denying the 
        commission of any act which constitutes an offense within the 
        purview of a statute named by paragraph (1), but only in the 
        case of the statute named by subparagraph (B) of paragraph (1).
            ``(3) Subornation of perjury committed in connection with 
        the false denial or false testimony of another individual as 
        specified by paragraph (2).
An offense shall not be considered to be an offense described in this 
subsection except if or to the extent that it is committed by a Member 
of Congress (as defined by section 2106, including a Delegate to 
Congress).''.
    (c) Absence From United States to Avoid Prosecution.--Section 
8313(a)(1) of such title 5 is amended by striking ``or'' at the end of 
subparagraph (A), by striking ``and'' at the end of subparagraph (B) 
and inserting ``or'', and by adding at the end the following:
                    ``(C) for an offense described under subsection (d) 
                of section 8312; and''.
    (d) Nonaccrual of Interest on Refunds.--Section 8316(b) of such 
title 5 is amended by striking ``or'' at the end of paragraph (1), by 
striking the period at the end of paragraph (2) and inserting ``; or'', 
and by adding at the end the following:
            ``(3) if the individual was convicted of an offense 
        described in section 8312(d), for the period after the 
        conviction.''.

SEC. 3. CONSTITUTIONAL AUTHORITY.

    The Constitutional authority for this Act is the power of Congress 
to make all laws which shall be necessary and proper as enumerated in 
Article I, Section 8 of the United States Constitution, and the power 
to ascertain compensation for Congressional service under Article I, 
Section 6 of the United States Constitution.
                                 <all>