I 

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. 

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 ‘‘Public Corruption 

5 Elimination Act of 2010’’. 


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1 SEC. 2. CONVICTION OF CERTAIN OFFENSES. 

2 (a) OFFENSES DESCRIBED.—Section 8312 of title 5, 

3 United States Code, is amended— 

4 (1) by redesignating subsection (d) as sub5 section (e); and 

6 (2) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) An offense described in this subsection is any 

9 act or omission of an individual which— 

10 ‘‘(1) is a felony under Federal or State law; 

11 ‘‘(2) involves bribery, graft, misappropriation of 

12 public funds or property, or conflicts of interest; 

13 ‘‘(3) occurred in connection with the individ14 ual’s service as an employee; and 

15 ‘‘(4) occurs after the date of the enactment of 

16 this subsection.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) Section 8312(a) of such title is amended— 

19 (A) by striking ‘‘or’’ at the end of paragraph 

20 (1); 

21 (B) by striking the period at the end of para22 graph (2) and inserting ‘‘; or’’; and 

23 (C) by inserting after paragraph (2) the fol24 lowing: 

25 ‘‘(3) was convicted after the date of the enact26 ment of this paragraph of an offense described in 


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1 subsection (d), to the extent provided by that sub2 section.’’. 

3 (2) The last sentence of section 8312(a) of such title 

4 is amended— 

5 (A) by striking ‘‘and’’ at the end of subpara6 graph (A); 

7 (B) by striking the period at the end of sub8 paragraph (B) and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

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

11 subsection (d), to the period after the date of convic12 tion.’’. 

13 (3) Section 8312(d)(1) of such title is amended— 

14 (A) in the matter before subparagraph (A), by 

15 striking ‘‘subsections (b)(1) and (c)(1),’’ and insert16 ing ‘‘subsections (b)(1), (c)(1), and (d)(1),’’; and 

17 (B) in subparagraph (A), by striking ‘‘enumer18 ated in subsections (b)(1) and (c)(1),’’ and inserting 

19 ‘‘enumerated or described in subsections (b)(1), 

20 (c)(1), and (d)(1),’’. 

21 SEC. 3. DEFINITIONAL AMENDMENTS. 

22 (a) ANNUITY.—Section 8311(2) of title 5, United 

23 States Code, is amended— 

24 (1) by striking ‘‘or’’ at the end of subparagraph 

25 (F); 


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1 (2) by striking ‘‘and’’ at the end of subpara2 graph (G) and inserting ‘‘or’’; and 

3 (3) by inserting after subparagraph (G) the fol4 lowing: 

5 ‘‘(H) a retirement benefit, including a dis6 ability insurance benefit and a dependent’s or 

7 survivor’s benefit under subchapter II of chap8 ter 7 of title 42, awarded before the date of the 

9 enactment of this subparagraph to an indi10 vidual, or the survivor or beneficiary of such in11 dividual, insofar as the individual was convicted 

12 of an offense described in subsection (d) of sec13 tion 8312, to the extent provided by that sub14 section; and’’. 

15 (b) RETIRED PAY.—Section 8311(3) of such title is 

16 amended— 

17 (1) by striking ‘‘or’’ at the end of subparagraph 

18 (C); 

19 (2) by redesignating subparagraph (D) as sub20 paragraph (E); 

21 (3) by inserting after subparagraph (C) the fol22 lowing: 

23 ‘‘(D) retired pay, retirement pay, retainer 

24 pay, or equivalent pay, awarded before the date 

25 of the enactment of this subparagraph, insofar 


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1 as the individual was convicted of an offense de2 scribed in subsection (d) of section 8312, to the 

3 extent provided by that subsection;’’. 

4 (4) in subparagraph (E) (as so redesignated by 

5 paragraph (2))— 

6 (A) by inserting ‘‘(other than an offense 

7 described in subsection (d) of such section 

8 8312)’’ after ‘‘of this title’’ in clause (i); and 

9 (B) by striking the period at the end and 

10 inserting ‘‘; or’’; and 

11 (5) by adding at the end the following: 

12 ‘‘(F) an annuity payable to an eligible ben13 eficiary of an individual, if the annuity was 

14 awarded to the beneficiary, or if retired pay was 

15 awarded to the individual, before the date of 

16 the enactment of subsection (d) of section 8312, 

17 insofar as the individual, on the basis of whose 

18 service the annuity was awarded, was convicted 

19 of an offense described in subsection (d) of such 

20 section 8312, to the extent provided by that 

21 subsection.’’. 

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

23 PROSECUTION. 

24 Section 8313(a)(1) of title 5, United States Code, is 

25 amended— 


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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (A); 

3 (2) by striking ‘‘and’’ at the end of subpara4 graph (B) and inserting ‘‘or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(C) after the date of the enactment of 

7 subsection (d) of section 8312, for an offense 

8 described in such subsection; and’’. 

9 SEC. 5. REFUND OF CONTRIBUTIONS AND DEPOSITS. 

10 Section 8316(b) of title 5, United States Code, is 

11 amended— 

12 (1) by striking ‘‘or’’ at the end of paragraph 

13 (1); 

14 (2) by striking the period at the end of para15 graph (2) and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(3) if the individual was convicted of an of18 fense described in subsection (d) of section 8312, for 

19 the period after the conviction.’’. 

20 SEC. 6. RESTORATION OF ANNUITY OR RETIRED PAY. 

21 Section 8318(a) of title 5, United States Code, is 

22 amended by inserting after ‘‘is pardoned by the President’’ 

23 the following: ‘‘(or by the Governor, in the case of an ofVerDate Nov 24 2008 21:29 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4531.IH H4531

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1 fense against a State law described in subsection (d) of 

2 section 8312)’’. 

Æ 


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