IIB 
110TH CONGRESS 
1ST SESSION 
H. R. 476 
IN THE SENATE OF THE UNITED STATES 
JANUARY 24, 2007 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend title 5, United States Code, to make noncreditable 
for Federal retirement purposes any Member service per-
formed by an individual who is convicted of any of cer-
tain offenses committed by that individual while serving 
as a Member of Congress, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. LOSS OF PENSIONS ACCRUED DURING SERVICE 
AS A MEMBER OF CONGRESS FOR ABUSING 
THE PUBLIC TRUST. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 
8332 of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘(o)(1) Notwithstanding any other provision of this 
subchapter, the service of an individual finally convicted 
of an offense described in paragraph (2) shall not be taken 
into account for purposes of this subchapter, except that 
this sentence applies only to service rendered as a Member 
(irrespective of when rendered). Any such individual (or 
other person determined under section 8342(c), if applica-
ble) shall be entitled to be paid so much of such individ-
ual’s lump-sum credit as is attributable to service to which 
the preceding sentence applies. 
‘‘(2)(A) An offense described in this paragraph is any 
offense described in subparagraph (B) for which the fol-
lowing apply: 
‘‘(i) Every act or omission of the individual (re-
ferred to in paragraph (1)) that is needed to satisfy 
the elements of the offense occurs while the indi-
vidual is a Member. 
‘‘(ii) Every act or omission of the individual 
that is needed to satisfy the elements of the offense 
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directly relates to the performance of the individual’s 
official duties as a Member. 
‘‘(iii) The offense is committed after the date of 
enactment of this subsection. 
‘‘(B) An offense described in this subparagraph is 
only the following, and only to the extent that the offense 
is a felony under title 18: 
‘‘(i) An offense under section 201 of title 18 
(bribery of public officials and witnesses). 
‘‘(ii) An offense under section 219 of title 18 
(officers and employees acting as agents of foreign 
principals). 
‘‘(iii) An offense under section 371 of title 18 
(conspiracy to commit offense or to defraud United 
States), to the extent of any conspiracy to commit 
an act which constitutes— 
‘‘(I) an offense under clause (i) or (ii); or 
‘‘(II) an offense under section 207 of title 
18 (restrictions on former officers, employees, 
and elected officials of the executive and legisla-
tive branches). 
‘‘(iv) Perjury committed under section 1621 of 
title 18 in falsely denying the commission of an act 
which constitutes— 
‘‘(I) an offense under clause (i) or (ii); or 
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‘‘(II) an offense under clause (iii), to the 
extent provided in such clause. 
‘‘(v) Subornation of perjury committed under 
section 1622 of title 18 in connection with the false 
denial or false testimony of another individual as 
specified in clause (iv). 
‘‘(3) An individual convicted of an offense described 
in paragraph (2) shall not, after the date of the final con-
viction, be eligible to participate in the retirement system 
under this subchapter or chapter 84 while serving as a 
Member. 
‘‘(4) The Office of Personnel Management shall pre-
scribe any regulations necessary to carry out this sub-
section. Such regulations shall include— 
‘‘(A) provisions under which interest on any 
lump-sum payment under the second sentence of 
paragraph (1) shall be limited in a manner similar 
to that specified in the last sentence of section 
8316(b); and 
‘‘(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 sen-
tence of paragraph (1), of any amounts which 
(but for this clause) would otherwise have been 
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nonpayable by reason of such first sentence, but 
only to the extent that the application of this 
clause is considered necessary given the totality 
of the circumstances; 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) For purposes of this subsection— 
‘‘(A) the term ‘Member’ has the meaning given 
such term by section 2106, notwithstanding section 
8331(2); and 
‘‘(B) the term ‘child’ has the meaning given 
such term by section 8341.’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Section 8411 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘(l)(1) Notwithstanding any other provision of this 
chapter, the service of an individual finally convicted of 
an offense described in paragraph (2) shall not be taken 
into account for purposes of this chapter, except that this 
sentence applies only to service rendered as a Member (ir-
respective of when rendered). Any such individual (or 
other person determined under section 8424(d), if applica-
ble) shall be entitled to be paid so much of such individ-
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to that specified in the last sentence of section 
8316(b); and 
‘‘(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 sen-
tence of paragraph (1), of any amounts which 
(but for this clause) would otherwise have been 
nonpayable by reason of such first sentence, but 
only to the extent that the application of this 
clause is considered necessary given the totality 
of the circumstances; 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) For purposes of this subsection— 
‘‘(A) the term ‘Member’ has the meaning given 
such term by section 2106, notwithstanding section 
8401(20); and 
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‘‘(B) the term ‘child’ has the meaning given 
such term by section 8341.’’. 
Passed the House of Representatives January 23, 
2007. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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