110th CONGRESS
1st Session
H. R. 14
To amend title 5, United States Code, to deny retirement benefits
accrued by an individual as a Member of Congress if such individual is convicted
of any of certain offenses.
IN THE HOUSE OF REPRESENTATIVES
January 4, 2007
Mr. KIRK (for himself and Mr. PLATTS) 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 deny retirement benefits
accrued by an individual as a Member of Congress if such individual is convicted
of any of certain offenses.
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 Integrity and Pension Forfeiture
Act of 2007'.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Members of Congress pledge to uphold the Constitution and the laws
of the United States;
(2) Members of Congress are elected to serve in, and pledge to uphold,
the public trust;
(3) a breach of the public trust by a Member of Congress is a serious
offense that should have serious consequences; and
(4) taxpayers should not pay for the retirement benefits of Members of
Congress who have been convicted of a felony.
SEC. 3. FORFEITURE.
(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, if or to the extent rendered as a Member (irrespective of
when rendered), be taken into account for purposes of this subchapter. Any
such individual (or other person determined under section 8342(c), if applicable)
shall be entitled to be paid so much of such individual'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) with respect to which the following apply:
`(i) The offense is committed by the individual (referred to in paragraph
(1)) while a Member.
`(ii) The conduct on which the offense is based is directly related to
the individual's service as a Member.
`(iii) The offense is committed after the date of enactment of this subsection.
`(B) The offenses described in this subparagraph are as follows:
`(i) An offense within the purview of section 201 (bribery of public officials
and witnesses), 203 (compensation to Members of Congress, officers, and
others in matters affecting the Government), 204 (practice in United States
Court of Federal Claims or the United States Court of Appeals for the
Federal Circuit by Members of Congress), 219 (officers and employees acting
as agents of foreign principals), 286 (conspiracy to defraud the Government
with respect to claims), 287 (false, fictitious or fraudulent claims),
371 (conspiracy to commit offense or to defraud the United States), 597
(expenditures to influence voting), 599 (promise of appointment by candidate),
602 (solicitation of political contributions), 606 (intimidation to secure
political contributions), 607 (place of solicitation), 641 (public money,
property or records), 1001 (statements or entries generally), 1341 (frauds
and swindles), 1343 (fraud by wire, radio, or television), 1503 (influencing
or injuring officer or juror), 1951 (interference with commerce by threats
or violence), 1952 (interstate and foreign travel or transportation in
aid of racketeering enterprises), or 1962 (prohibited activities) of title
18 or section 7201 (attempt to evade or defeat tax) of the Internal Revenue
Code of 1986.
`(ii) Perjury committed under the statutes of the United States in falsely
denying the commission of an act which constitutes an offense within the
purview of a statute named by clause (i).
`(iii) Subornation of perjury committed in connection with the false denial
of another individual as specified by clause (ii).
`(3) An individual convicted of an offense described in paragraph (2) shall
not, after the date as of which the conviction becomes final, be eligible
to participate in the retirement system under this subchapter while serving
as a Member.
`(4) The Office shall prescribe such regulations as may be necessary to
carry out this subsection, including 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).
`(5) Nothing in this subsection shall restrict any authority under subchapter
II or any other provision of law to deny or withhold benefits authorized
by statute.
`(6) For purposes of this subsection, the term `Member' has the meaning
given such term by section 2106, notwithstanding section 8331(2).'.
(b) Federal Employees' Retirement System- Section 8411 of title 5, United
States Code, is amended by adding at the end the following:
`(i)(1) Notwithstanding any other provision of this chapter, the service
of an individual finally convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective of
when rendered), be taken into account for purposes of this chapter. Any
such individual (or other person determined under section 8424(d), if applicable)
shall be entitled to be paid so much of such individual's lump-sum credit
as is attributable to service to which the preceding sentence applies.
`(2) An offense described in this paragraph is any offense described in
section 8332(o)(2)(B) with respect to which the following apply:
`(A) The offense is committed by the individual (referred to in paragraph
(1)) while a Member.
`(B) The conduct on which the offense is based is directly related to
the individual's service as a Member.
`(C) The offense is committed after the date of enactment of this subsection.
`(3) An individual convicted of an offense described in paragraph (2) shall
not, after the date as of which the conviction becomes final, be eligible
to participate in the retirement system under this chapter while serving
as a Member.
`(4) The Office shall prescribe such regulations as may be necessary to
carry out this subsection, including 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).
`(5) Nothing in this subsection shall restrict any authority under subchapter
II of chapter 83 or any other provision of law to deny or withhold benefits
authorized by statute.
`(6) For purposes of this subsection the term `Member' has the meaning given
such term by section 2106, notwithstanding section 8401(20).'.
END
