II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Congressional Pension 

5 Accountability Act’’. 

6 SEC. 2. DENIAL OF RETIREMENT BENEFITS. 

7 (a) IN GENERAL.—Section 8312(a) of title 5, United 

8 States Code, is amended— 
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1 (1) by striking ‘‘or’’ at the end of paragraph 

2 (1), by striking the period at the end of paragraph 

3 (2) and inserting ‘‘; or’’, and by inserting after para4 graph (2) the following: 

5 ‘‘(3) was convicted of an offense described in 

6 subsection (d), to the extent provided by that sub7 section.’’; and 

8 (2) by striking ‘‘and’’ at the end of subpara9 graph (A), by striking the period at the end of sub10 paragraph (B) and inserting ‘‘; and’’, and by insert11 ing after subparagraph (B) the following: 

12 ‘‘(C) with respect to the offenses described in 

13 subsection (d), to the period after the date of convic14 tion.’’. 

15 (b) OFFENSES DESCRIBED.—Section 8312 of such 

16 title 5 is amended by redesignating subsection (d) as sub17 section (e), and by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) The offenses to which subsection (a)(3) applies 

20 are the following: 

21 ‘‘(1) An offense within the purview of— 

22 ‘‘(A) section 201 of title 18 (bribery of 

23 public officials and witnesses); or 

24 ‘‘(B) section 371 of title 18 (conspiracy to 

25 commit offense or to defraud United States), to 
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1 the extent of any conspiracy to commit an act 

2 which constitutes an offense within the purview 

3 of such section 201. 

4 ‘‘(2) Perjury committed under the statutes of 

5 the United States or the District of Columbia in 

6 falsely denying the commission of any act which con7 stitutes an offense within the purview of a statute 

8 named by paragraph (1), but only in the case of the 

9 statute named by subparagraph (B) of paragraph 

10 (1). 

11 ‘‘(3) Subornation of perjury committed in con12 nection with the false denial or false testimony of 

13 another individual as specified by paragraph (2). 

14 An offense shall not be considered to be an offense de15 scribed in this subsection except if or to the extent that 

16 it is committed by a Member of Congress (as defined by 

17 section 2106, including a Delegate to Congress).’’. 

18 (c) ABSENCE FROM UNITED STATES TO AVOID

19 PROSECUTION.—Section 8313(a)(1) of such title 5 is 

20 amended by striking ‘‘or’’ at the end of subparagraph (A), 

21 by striking ‘‘and’’ at the end of subparagraph (B) and 

22 inserting ‘‘or’’, and by adding at the end the following: 

23 ‘‘(C) for an offense described under sub24 section (d) of section 8312; and’’. 
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1 (d) NONACCRUAL OF INTEREST ON REFUNDS.—Sec2 tion 8316(b) of such title 5 is amended by striking ‘‘or’’ 

3 at the end of paragraph (1), by striking the period at the 

4 end of paragraph (2) and inserting ‘‘; or’’, and by adding 

5 at the end the following: 

6 ‘‘(3) if the individual was convicted of an of7 fense described in section 8312(d), for the period 

8 after the conviction.’’. 

9 SEC. 3. CONSTITUTIONAL AUTHORITY. 

10 The Constitutional authority for this Act is the power 

11 of Congress to make all laws which shall be necessary and 

12 proper as enumerated in Article I, Section 8 of the United 

13 States Constitution, and the power to ascertain compensa14 tion for Congressional service under Article I, Section 6 

15 of the United States Constitution. 

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