[Senate Report 117-27]
[From the U.S. Government Publishing Office]
Calendar No. 81
117th Congress } { Report
SENATE
1st Session } { 117-27
_______________________________________________________________________
NO CONGRESSIONALLY-OBLIGATED
RECURRING REVENUE USED AS PENSIONS
TO INCARCERATED OFFICIALS NOW ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 693
TO AMEND TITLE 5, UNITED STATES CODE, TO
PROVIDE FOR THE HALT IN PENSION PAYMENTS FOR
MEMBERS OF CONGRESS SENTENCED FOR CERTAIN
OFFENSES, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 21, 2021.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
19-010 WASHINGTON : 2021
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona RAND PAUL, Kentucky
JACKY ROSEN, Nevada JAMES LANKFORD, Oklahoma
ALEX PADILLA, California MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
JOSH HAWLEY, Missouri
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Lena C. Chang, Director of Governmental Affairs and Senior Counsel
Annika W. Christensen, Professional Staff Member
Pamela Thiessen, Minority Staff Director
Andrew C. Dockham, Minority Chief Counsel and Deputy Staff Director
Amanda H. Neely, Minority Director of Governmental Affairs and General
Counsel
Meredith M. Pohl, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 81
117th Congress } { Report
SENATE
1st Session } { 117-27
======================================================================
NO CONGRESSIONALLY-OBLIGATED RECURRING REVENUE USED AS PENSIONS TO
INCARCERATED OFFICIALS NOW ACT
_______
June 21, 2021.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 693]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 693) to amend title
5, United States Code, to provide for the halt in pension
payments for Members of Congress sentenced for certain
offenses, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 2
IV. Section-by-Section Analysis...................................... 2
V. Evaluation of Regulatory Impact.................................. 3
VI. Congressional Budget Office Cost Estimate........................ 3
VII. Changes in Existing Law Made by the Bill, as Reported............ 4
I. Purpose and Summary
S. 693, the No Congressionally-Obligated Recurring Revenue
Used as Pensions To Incarcerated Officials Now Act, or the No
CORRUPTION Act, prohibits a Member of Congress who has been
convicted of a covered felony offense from receiving any
payment of a federal retirement annuity for their congressional
service, even during an appeal of the conviction.\1\ If the
relevant conviction is overturned on appeal, the individual
will be entitled to receive any payments which were withheld
under the statute.\2\
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\1\5 U.S.C. Sec. 8332(o)(2). Relevant public corruption felony
charges include bribery of public officials and witnesses; acting as an
agent of a foreign principal while a federal public official; fraud by
wire, radio, or television, including as part of a scheme to deprive
citizens of honest services; prohibited foreign trade practices by
domestic concerns; engaging in monetary transactions in property
derived from specified unlawful activity; tampering with a witness,
victim, or an informant; racketeer influenced and corrupt
organizations; conspiracy to commit an offense or to defraud the United
States; perjury; or subornation of perjury.
\2\On July 29, 2020, the Committee approved S. 3332, the No
Congressionally-Obligated Recurring Revenue Used as Pensions To
Incarcerated Officials Now Act, which is substantially similar to S.
693. Accordingly, this report is similar to the Committee report for S.
3332, S. Rep. No. 116-243.
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II. Background and the Need for Legislation
The No CORRUPTION Act prevents the possibility that a
Member of Congress who has been convicted of a covered felony
may continue to receive annuity payments from a Federal
employee retirement system during the appeals process. Under
current law, a Member of Congress who is convicted of certain
public corruption felony charges based on actions taken while
serving as a Member (e.g., bribery of officials and witnesses,
etc.) is prohibited from receiving a congressional pension upon
final conviction of the offense.\3\ However, a convicted Member
may continue receiving pension payments while appealing the
conviction.\4\
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\3\5 U.S.C. Sec. 8332(o)(3).
\4\Id.
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The No CORRUPTION Act forecloses this possibility by
withholding pension benefits immediately upon conviction. If
the conviction is overturned on appeal by a court of competent
jurisdiction, the pension will be restored and the Member will
be eligible to receive any pension benefits which were withheld
under the legislation. The No CORRUPTION Act is applied
prospectively, to any covered conviction after the date of
enactment.
III. Legislative History
Senator Jackie Rosen (D-NV) introduced S. 693, the No
CORRUPTION Act, on March 10, 2021, with Senator Rick Scott (R-
FL). The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 693 at a business meeting on
March 17, 2021. During the business meeting, the bill was
reported favorably en bloc by voice vote with Senators Peters,
Rosen, Padilla, Portman, Johnson, Lankford, Romney, Scott, and
Hawley present.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``No Congressionally-Obligated Recurring Revenue Used as
Pensions To Incarcerated Officials Now Act'' or the ``No
CORRUPTION Act.''
Section 2. Forfeiture of pension
Subsection (a) requires that if a Member is convicted of
certain felonies, the individual is prohibited from receiving
any payment of an annuity pursuant to the Federal employee
retirement system unless and until the conviction is held to be
invalid. The prohibition is prospective to apply only to
covered convictions that occur after the date of enactment.
Subsection (b) makes a technical and conforming amendment.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 22, 2021.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 693, the No
CORRUPTION Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Amber
Marcellino.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
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S. 693 would eliminate the payment of current and future
retirement annuities to Members of Congress who are convicted
of certain criminal offenses already specified in law. Under
current law, Members forgo receipt of such payments only after
a final conviction (that is, after the exhaustion of all
appeals under the judicial process). The bill would eliminate
retirement annuities for Members for any conviction following
enactment.
CBO estimates that the resulting forfeitures of retirement
annuities would reduce direct spending by less than $500,000
over the 2021-2031 period. Based on the number of previous
convictions of Members of Congress, CBO anticipates that the
number of future convictions would be small. In addition, any
associated reductions in direct spending would show a budgetary
effect only once a convicted Member reached eligibility for
retirement, which could be beyond the current budget window. On
average, Members of Congress currently retiring under the
Federal Employees Retirement System receive an annuity of about
$45,000 per year. However, a criminal conviction could shorten
a Member's career. To the extent that happens, the forfeited
annuity would probably be less than the average.
The CBO staff contact for this estimate is Amber
Marcellino. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows: (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
CHAPTER 83--RETIREMENT
* * * * * * *
Subchapter III--Civil Service Retirement
* * * * * * *
SEC. 8332. CREDITABLE SERVICE.
(a) * * *
* * * * * * *
(o) * * *
(1) * * *
* * * * * * *
(4)
(A) Subject to subparagraph (B), an
individual convicted of an offense described in
paragraph (2) shall not be eligible to receive
any payment of an annuity pursuant to the
retirement system under this subchapter or
chapter 84, except that this sentence applies
only to such payments based on service rendered
as a Member (irrespective of when rendered).
(B) If the conviction of an individual
described in subparagraph (A) is overturned on
appeal by a court of competent jurisdiction,
the individual shall receive payments that the
individual would have received but for the
application of subparagraph (A).
(C) This paragraph applies only to a
conviction that occurs after the date of
enactment of the No Congressionally Obligated
Recurring Revenue Used as Pensions To
Incarcerated Officials Now Act.
[(4)](5) The Office of Personnel Management shall
prescribe any regulations necessary to carry out this
subsection. Such regulations shall include--
(A) * * *
(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, subject to [paragraph (5)]
paragraph (6); 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)](6) Regulations to carry out clause (i) of
[paragraph (4)(B)] paragraph (5)(B) shall
include provisions to ensure that the authority
to make any payment to the spouse or children
of an individual under such clause shall be
available only to the extent that the
application of such clause is considered
necessary and appropriate taking into account
the totality of the circumstances, including
the financial needs of the spouse or children,
whether the spouse or children participated in
an offense described in paragraph (2) of which
such individual was finally convicted, and what
measures, if any, may be necessary to ensure
that the convicted individual does not benefit
from any such payment.
[(6)](7) * * *
* * * * * * *
TITLE 38--VETERANS' BENEFITS
* * * * * * *
PART I--GENERAL PROVISIONS
* * * * * * *
CHAPTER 7--EMPLOYEES
* * * * * * *
Subchapter I--General Employee Matters
* * * * * * *
SEC. 719. REDUCTION OF BENEFITS OF EMPLOYEES CONVICTED OF CERTAIN
CRIMES.
(a) * * *
* * * * * * *
(e) * * *
(1) * * *
(2) Regulations prescribed under paragraph (1) shall
be consistent with the requirements of [section
8332(o)(5)] section 8332(o)(6) and 8411(l)(5) of title
5, as the case may be.
[all]