1.This Act may be cited as the
Public Corruption Elimination Act of
2010
.
2.Conviction of certain
offenses
(a)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),
.
3.
(a)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)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.
.
4.Absence from the
United States to avoid prosecutionSection 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
.
5.Refund of
contributions and depositsSection 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.
.
6.Restoration of
annuity or retired paySection
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)
.