[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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