I 

110TH CONGRESS 

1ST SESSION H. R. 476 

To amend title 5, United States Code, to make noncreditable for Federal 

retirement purposes any Member service performed by an individual 

who is convicted of any of certain offenses committed by that individual 

while serving as a Member of Congress, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2007 

Mrs. BOYDA of Kansas introduced the following bill; which was referred to the 

Committee on House Administration, and in addition to the Committee 

on Oversight and Government Reform, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to make noncreditable 

for Federal retirement purposes any Member service performed by an individual who is convicted of any of certain offenses committed by that individual while serving 

as a Member of Congress, 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, 


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1 SECTION 1. LOSS OF PENSIONS ACCRUED DURING SERVICE 

2 AS A MEMBER OF CONGRESS FOR ABUSING 

3 THE PUBLIC TRUST. 

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

5 8332 of title 5, United States Code, is amended by adding 

6 at the end the following: 

7 ‘‘(o)(1) Notwithstanding any other provision of this 

8 subchapter, the service of an individual finally convicted 

9 of an offense described in paragraph (2) shall not be taken 

10 into account for purposes of this subchapter, except that 

11 this sentence applies only to service rendered as a Member 

12 (irrespective of when rendered). Any such individual (or 

13 other person determined under section 8342(c), if applica14 ble) shall be entitled to be paid so much of such individ15 ual’s lump-sum credit as is attributable to service to which 

16 the preceding sentence applies. 

17 ‘‘(2)(A) An offense described in this paragraph is any 

18 offense described in subparagraph (B) for which the fol19 lowing apply: 

20 ‘‘(i) Every act or omission of the individual (re21 ferred to in paragraph (1)) that is needed to satisfy 

22 the elements of the offense occurs while the indi23 vidual is a Member. 

24 ‘‘(ii) Every act or omission of the individual 

25 that is needed to satisfy the elements of the offense 


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1 directly relates to the performance of the individual’s 

2 official duties as a Member. 

3 ‘‘(iii) The offense is committed after the date of 

4 enactment of this subsection. 

5 ‘‘(B) An offense described in this subparagraph is 

6 only the following, and only to the extent that the offense 

7 is a felony under title 18: 

8 ‘‘(i) An offense under section 201 of title 18 

9 (bribery of public officials and witnesses). 

10 ‘‘(ii) An offense under section 219 of title 18 

11 (officers and employees acting as agents of foreign 

12 principals). 

13 ‘‘(iii) An offense under section 371 of title 18 

14 (conspiracy to commit offense or to defraud United 

15 States), to the extent of any conspiracy to commit 

16 an act which constitutes— 

17 ‘‘(I) an offense under clause (i) or (ii); or 

18 ‘‘(II) an offense under section 207 of title 

19 18 (restrictions on former officers, employees, 

20 and elected officials of the executive and legisla21 tive branches). 

22 ‘‘(iv) Perjury committed under section 1621 of 

23 title 18 in falsely denying the commission of an act 

24 which constitutes— 

25 ‘‘(I) an offense under clause (i) or (ii); or 


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1 ‘‘(II) an offense under clause (iii), to the 

2 extent provided in such clause. 

3 ‘‘(3) An individual convicted of an offense described 

4 in paragraph (2) shall not, after the date of the final con5 viction, be eligible to participate in the retirement system 

6 under this subchapter or chapter 84 while serving as a 

7 Member. 

8 ‘‘(4) The Office of Personnel Management shall pre9 scribe any regulations necessary to carry out this sub10 section. Such regulations shall include— 

11 ‘‘(A) provisions under which interest on any 

12 lump-sum payment under the second sentence of 

13 paragraph (1) shall be limited in a manner similar 

14 to that specified in the last sentence of section 

15 8316(b); and 

16 ‘‘(B) provisions under which the Office may 

17 provide for— 

18 ‘‘(i) the payment, to the spouse or children 

19 of any individual referred to in the first sen20 tence of paragraph (1), of any amounts which 

21 (but for this clause) would otherwise have been 

22 nonpayable by reason of such first sentence, but 

23 only to the extent that the application of this 

24 clause is considered necessary given the totality 

25 of the circumstances; and 


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1 ‘‘(ii) an appropriate adjustment in the 

2 amount of any lump-sum payment under the 

3 second sentence of paragraph (1) to reflect the 

4 application of clause (i). 

5 ‘‘(5) For purposes of this subsection— 

6 ‘‘(A) the term ‘Member’ has the meaning given 

7 such term by section 2106, notwithstanding section 

8 8331(2); and 

9 ‘‘(B) the term ‘child’ has the meaning given 

10 such term by section 8341.’’. 

11 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 

12 Section 8411 of title 5, United States Code, is amended 

13 by adding at the end the following: 

14 ‘‘(l)(1) Notwithstanding any other provision of this 

15 chapter, the service of an individual finally convicted of 

16 an offense described in paragraph (2) shall not be taken 

17 into account for purposes of this chapter, except that this 

18 sentence applies only to service rendered as a Member (ir19 respective of when rendered). Any such individual (or 

20 other person determined under section 8424(d), if applica21 ble) shall be entitled to be paid so much of such individ22 ual’s lump-sum credit as is attributable to service to which 

23 the preceding sentence applies. 


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1 ‘‘(2) An offense described in this paragraph is any 

2 offense described in section 8332(o)(2)(B) for which the 

3 following apply: 

4 ‘‘(A) Every act or omission of the individual 

5 (referred to in paragraph (1)) that is needed to sat6 isfy the elements of the offense occurs while the in7 dividual is a Member. 

8 ‘‘(B) Every act or omission of the individual 

9 that is needed to satisfy the elements of the offense 

10 directly relates to the performance of the individual’s 

11 official duties as a Member. 

12 ‘‘(C) The offense is committed after the date of 

13 enactment of this subsection. 

14 ‘‘(3) An individual convicted of an offense described 

15 in paragraph (2) shall not, after the date of the final con16 viction, be eligible to participate in the retirement system 

17 under this chapter while serving as a Member. 

18 ‘‘(4) The Office of Personnel Management shall pre19 scribe any regulations necessary to carry out this sub20 section. Such regulations shall include— 

21 ‘‘(A) provisions under which interest on any 

22 lump-sum payment under the second sentence of 

23 paragraph (1) shall be limited in a manner similar 

24 to that specified in the last sentence of section 

25 8316(b); and 


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1 ‘‘(B) provisions under which the Office may 

2 provide for— 

3 ‘‘(i) the payment, to the spouse or children 

4 of any individual referred to in the first sen5 tence of paragraph (1), of any amounts which 

6 (but for this clause) would otherwise have been 

7 nonpayable by reason of such first sentence, but 

8 only to the extent that the application of this 

9 clause is considered necessary given the totality 

10 of the circumstances; and 

11 ‘‘(ii) an appropriate adjustment in the 

12 amount of any lump-sum payment under the 

13 second sentence of paragraph (1) to reflect the 

14 application of clause (i). 

15 ‘‘(5) For purposes of this subsection— 

16 ‘‘(A) the term ‘Member’ has the meaning given 

17 such term by section 2106, notwithstanding section 

18 8401(20); and 

19 ‘‘(B) the term ‘child’ has the meaning given 

20 such term by section 8341.’’. 

Æ 


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