[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4531 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4531

   To amend title 5, United States Code, to deny Federal retirement 
   benefits to an individual convicted of a felony which occurred in 
connection with such individual's Government employment or service, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2010

     Mr. Adler of New Jersey (for himself and Mr. Lee of New York) 
 introduced the following bill; which was referred to the Committee on 
                    Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
   To amend title 5, United States Code, to deny Federal retirement 
   benefits to an individual convicted of a felony which occurred in 
connection with such individual's Government employment or service, 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 ``Public Corruption Elimination Act of 
2010''.

SEC. 2. CONVICTION OF CERTAIN OFFENSES.

    (a) Offenses Described.--Section 8312 of title 5, United States 
Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) An offense described in this subsection is any act or 
omission of an individual which--
            ``(1) is a felony under Federal or State law;
            ``(2) involves bribery, graft, misappropriation of public 
        funds or property, or conflicts of interest;
            ``(3) occurred in connection with the individual's service 
        as an employee; and
            ``(4) occurs after the date of the enactment of this 
        subsection.''.
    (b) Technical and Conforming Amendments.--(1) Section 8312(a) of 
such title is amended--
            (A) by striking ``or'' at the end of paragraph (1);
            (B) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (C) by inserting after paragraph (2) the following:
            ``(3) was convicted after the date of the enactment of this 
        paragraph of an offense described in subsection (d), to the 
        extent provided by that subsection.''.
    (2) The last sentence of section 8312(a) of such title is amended--
            (A) by striking ``and'' at the end of subparagraph (A);
            (B) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) with respect to the offenses described in subsection 
        (d), to the period after the date of conviction.''.
    (3) Section 8312(d)(1) of such title is amended--
            (A) in the matter before subparagraph (A), by striking 
        ``subsections (b)(1) and (c)(1),'' and inserting ``subsections 
        (b)(1), (c)(1), and (d)(1),''; and
            (B) in subparagraph (A), by striking ``enumerated in 
        subsections (b)(1) and (c)(1),'' and inserting ``enumerated or 
        described in subsections (b)(1), (c)(1), and (d)(1),''.

SEC. 3. DEFINITIONAL AMENDMENTS.

    (a) Annuity.--Section 8311(2) of title 5, United States Code, is 
amended--
            (1) by striking ``or'' at the end of subparagraph (F);
            (2) by striking ``and'' at the end of subparagraph (G) and 
        inserting ``or''; and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) a retirement benefit, including a disability 
                insurance benefit and a dependent's or survivor's 
                benefit under subchapter II of chapter 7 of title 42, 
                awarded before the date of the enactment of this 
                subparagraph to an individual, or the survivor or 
                beneficiary of such individual, insofar as the 
                individual was convicted of an offense described in 
                subsection (d) of section 8312, to the extent provided 
                by that subsection; and''.
    (b) Retired Pay.--Section 8311(3) of such title is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (E);
            (3) by inserting after subparagraph (C) the following:
                    ``(D) retired pay, retirement pay, retainer pay, or 
                equivalent pay, awarded before the date of the 
                enactment of this subparagraph, insofar as the 
                individual was convicted of an offense described in 
                subsection (d) of section 8312, to the extent provided 
                by that subsection;''.
            (4) in subparagraph (E) (as so redesignated by paragraph 
        (2))--
                    (A) by inserting ``(other than an offense described 
                in subsection (d) of such section 8312)'' after ``of 
                this title'' in clause (i); and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (5) by adding at the end the following:
                    ``(F) an annuity payable to an eligible beneficiary 
                of an individual, if the annuity was awarded to the 
                beneficiary, or if retired pay was awarded to the 
                individual, before the date of the enactment of 
                subsection (d) of section 8312, insofar as the 
                individual, on the basis of whose service the annuity 
                was awarded, was convicted of an offense described in 
                subsection (d) of such section 8312, to the extent 
                provided by that subsection.''.

SEC. 4. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.

    Section 8313(a)(1) of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking ``and'' at the end of subparagraph (B) and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(C) after the date of the enactment of subsection 
                (d) of section 8312, for an offense described in such 
                subsection; and''.

SEC. 5. REFUND OF CONTRIBUTIONS AND DEPOSITS.

    Section 8316(b) of title 5, United States Code, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) if the individual was convicted of an offense 
        described in subsection (d) of section 8312, for the period 
        after the conviction.''.

SEC. 6. RESTORATION OF ANNUITY OR RETIRED PAY.

    Section 8318(a) of title 5, United States Code, is amended by 
inserting after ``is pardoned by the President'' the following: ``(or 
by the Governor, in the case of an offense against a State law 
described in subsection (d) of section 8312)''.
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