Congressional Anti-Corruption Act of 2005

109th CONGRESS
1st Session

H. R. 4518

To amend title 5, United States Code, to deny Federal retirement benefits to Government officials convicted of certain crimes; to amend title 18, United States Code, to increase the penalties for certain corruption-related offenses; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

December 13, 2005

Mr. PALLONE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Government Reform and House Administration, 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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

SECTION 1. SHORT TITLE.

This Act may be cited as the `Congressional Anti-Corruption Act of 2005'.

SEC. 2. FORFEITURE OF RETIREMENT BENEFITS.

(a) In General- Section 8312(a) of title 5, United States Code, is amended--

(1) by striking `or' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting `; or', and by inserting after paragraph (2) the following:

`(3) is convicted of an offense described in subsection (d).'; and

(2) by striking `and' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting `; and', and by inserting after subparagraph (B) the following:

`(C) with respect to the offenses described in subsection (d), to the period after the date of conviction.'.

(b) Offenses Described- Section 8312 of such title 5 is amended by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following:

`(d)(1) An offense described in this subsection is any offense which--

`(A) is within the purview of section 201(b), 216, 286, 641, 1341, 1343, 1951(a), 1952(a), or 1963 of title 18; and

`(B) is committed by the individual (as referred to in subsection (a))--

`(i) on or after the date of the enactment of this subsection; and

`(ii) while a covered official.

`(2) For purposes of this subsection, the term `covered official' means the President, a Member of Congress (as defined by section 2106, including the Vice President, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico), and the head of an Executive department (as defined by section 101).'.

(c) Definition of Annuity- Section 8311(2) of such title 5 is amended (in the matter before subparagraph (A)) by striking `benefit, but does not include' and inserting `benefit, and (to the extent that a conviction described in section 8312(a)(3) is involved) any monetary allowance payable to a former President or the widow of a former President under the Act of August 25, 1958 (3 U.S.C. 102 note), but does not include'.

(d) Absence From United States to Avoid Prosecution- Section 8313(a)(1) of such title 5 is amended by striking `or' at the end of subparagraph (A), by striking `and' at the end of subparagraph (B) and inserting `or', and by adding at the end the following:

`(C) after the date of the enactment of subsection (d) of section 8312, for an offense described in such subsection; and'.

(e) Nonaccrual of Interest on Refunds- Section 8316(b) of such title 5 is amended by striking `or' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting `; or', and by adding at the end the following:

`(3) if the individual was convicted of an offense described in section 8312(d), for the period after the conviction.'.

SEC. 3. INCREASED PENALTIES FOR CERTAIN CORRUPTION-RELATED OFFENSES.

Title 18, United States Code, is amended--

(1) in section 201(b), by striking `fifteen years' and inserting `30 years';

(2) in section 216--

(A) in subsection (a)(1), by striking `one year' and inserting `two years'; and

(B) in subsection (a)(2), by striking `five years' and inserting `10 years';

(3) in section 286, by striking `ten years' and inserting `20 years';

(4) in section 641--

(A) by striking `ten years' and inserting `20 years'; and

(B) by striking `one year' and inserting `two years';

(5) in section 1341--

(A) by striking `20 years' and inserting `40 years'; and

(B) by striking `30 years' and inserting `60 years';

(6) in section 1343--

(A) by striking `20 years' and inserting `40 years'; and

(B) by striking `30 years' and inserting `60 years';

(7) in section 1951(a), by striking `twenty years' and inserting `40 years';

(8) in section 1952(a)--

(A) by striking `5 years' and inserting `10 years'; and

(B) by striking `20 years' and inserting `40 years'; and

(9) in section 1963, by striking `20 years' and inserting `40 years'.

SEC. 4. DISQUALIFICATION TO ACT AS LOBBYIST.

(a) In General- A person convicted of any offense under a provision of law listed in subsection (b) is disqualified for life from acting as a lobbyist (as defined in the Lobbying Disclosure Act of 1995).

(b) Disqualifying Offenses- The offenses referred to under subsection (a) are any violations of any of the following sections of title 18, United States Code: 201(b), 216, 286, 641, 1341, 1343, 1951(a), 1952(a), and 1963.

END