[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4531 Introduced in House (IH)]
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.
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 ``Public Corruption Elimination Act of
2010''.
SEC. 2. CONVICTION OF CERTAIN OFFENSES.
(a) Offenses Described.--Section 8312 of title 5, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) An offense described in this subsection is any act or
omission of an individual which--
``(1) is a felony under Federal or State law;
``(2) involves bribery, graft, misappropriation of public
funds or property, or conflicts of interest;
``(3) occurred in connection with the individual's service
as an employee; and
``(4) occurs after the date of the enactment of this
subsection.''.
(b) Technical and Conforming Amendments.--(1) Section 8312(a) of
such title is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(C) by inserting after paragraph (2) the following:
``(3) was convicted after the date of the enactment of this
paragraph of an offense described in subsection (d), to the
extent provided by that subsection.''.
(2) The last sentence of section 8312(a) of such title is amended--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) with respect to the offenses described in subsection
(d), to the period after the date of conviction.''.
(3) Section 8312(d)(1) of such title is amended--
(A) in the matter before subparagraph (A), by striking
``subsections (b)(1) and (c)(1),'' and inserting ``subsections
(b)(1), (c)(1), and (d)(1),''; and
(B) in subparagraph (A), by striking ``enumerated in
subsections (b)(1) and (c)(1),'' and inserting ``enumerated or
described in subsections (b)(1), (c)(1), and (d)(1),''.
SEC. 3. DEFINITIONAL AMENDMENTS.
(a) Annuity.--Section 8311(2) of title 5, United States Code, is
amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by striking ``and'' at the end of subparagraph (G) and
inserting ``or''; and
(3) by inserting after subparagraph (G) the following:
``(H) a retirement benefit, including a disability
insurance benefit and a dependent's or survivor's
benefit under subchapter II of chapter 7 of title 42,
awarded before the date of the enactment of this
subparagraph to an individual, or the survivor or
beneficiary of such individual, insofar as the
individual was convicted of an offense described in
subsection (d) of section 8312, to the extent provided
by that subsection; and''.
(b) Retired Pay.--Section 8311(3) of such title is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following:
``(D) retired pay, retirement pay, retainer pay, or
equivalent pay, awarded before the date of the
enactment of this subparagraph, insofar as the
individual was convicted of an offense described in
subsection (d) of section 8312, to the extent provided
by that subsection;''.
(4) in subparagraph (E) (as so redesignated by paragraph
(2))--
(A) by inserting ``(other than an offense described
in subsection (d) of such section 8312)'' after ``of
this title'' in clause (i); and
(B) by striking the period at the end and inserting
``; or''; and
(5) by adding at the end the following:
``(F) an annuity payable to an eligible beneficiary
of an individual, if the annuity was awarded to the
beneficiary, or if retired pay was awarded to the
individual, before the date of the enactment of
subsection (d) of section 8312, insofar as the
individual, on the basis of whose service the annuity
was awarded, was convicted of an offense described in
subsection (d) of such section 8312, to the extent
provided by that subsection.''.
SEC. 4. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.
Section 8313(a)(1) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking ``and'' at the end of subparagraph (B) and
inserting ``or''; and
(3) 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''.
SEC. 5. REFUND OF CONTRIBUTIONS AND DEPOSITS.
Section 8316(b) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) if the individual was convicted of an offense
described in subsection (d) of section 8312, for the period
after the conviction.''.
SEC. 6. RESTORATION OF ANNUITY OR RETIRED PAY.
Section 8318(a) of title 5, United States Code, is amended by
inserting after ``is pardoned by the President'' the following: ``(or
by the Governor, in the case of an offense against a State law
described in subsection (d) of section 8312)''.
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