S.Amdt. 2928Senate109th Congress (2005-2007)

S.Amdt. 2928

What it does: Adds TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY at the end of the bill
Submitted March 7, 2006

What it changes

1 change to S. 2349 · shown in the bill's text

Adds a section
  1. Adds TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY at the end of the bill

    Adds a title

    In S. 2349 · Placed on Calendar Senate

    Except as otherwise provided in this Act, this Act shall take effect on the date of enactment of this Act.

    Inserted: TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY

    Inserted: SEC. 301. SHORT TITLE.

    Inserted: This title may be cited as the "Congressional Pension Accountability Act".

    Inserted: SEC. 302. DENIAL OF RETIREMENT BENEFITS.

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

    Inserted: (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:

    Inserted: "(3) was convicted of an offense described in subsection (d), to the extent provided by that subsection."; and

    Inserted: (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:

    Inserted: "(C) with respect to the offenses described in subsection (d), to the period after the date of conviction.".

    Inserted: (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:

    Inserted: "(d) The offenses to which subsection (a)(3) applies are the following:

    Inserted: "(1) An offense within the purview of--

    Show 10 more inserted paragraphs

    Inserted: "(A) section 201 of title 18 (bribery of public officials and witnesses); or

    Inserted: "(B) 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 an offense within the purview of such section 201.

    Inserted: "(2) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of any act which constitutes an offense within the purview of a statute named by paragraph (1), but only in the case of the statute named by subparagraph (B) of paragraph (1).

    Inserted: "(3) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (2). An offense shall not be considered to be an offense described in this subsection except if or to the extent that it is committed by a Member of Congress (as defined by section 2106, including a Delegate to Congress).".

    Inserted: (c) 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:

    Inserted: "(C) for an offense described under subsection (d) of section 8312; and".

    Inserted: (d) 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:

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

    Inserted: SEC. 303. CONSTITUTIONAL AUTHORITY.

    Inserted: The Constitutional authority for this title is the power of Congress to make all laws which shall be necessary and proper as enumerated in Article I, Section 8 of the United States Constitution, and the power to ascertain compensation for Congressional service under Article I, Section 6 of the United States Constitution.

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2928. Mr. KERRY submitted an amendment intended to be proposed by him to the bill S. 2349, to provide greater transparency in the legislative process; which was ordered to lie on the table, as follows:

At the end, add the following:

TITLE III--CONGRESSIONAL PENSION ACCOUNTABILITY

SEC. 301. SHORT TITLE.

This title may be cited as the “Congressional Pension Accountability Act”.

SEC. 302. DENIAL 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) was convicted of an offense described in subsection (d), to the extent provided by that subsection.”; 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) The offenses to which subsection (a)(3) applies are the following:

“(1) An offense within the purview of--

“(A) section 201 of title 18 (bribery of public officials and witnesses); or

“(B) 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 an offense within the purview of such section 201.

“(2) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of any act which constitutes an offense within the purview of a statute named by paragraph (1), but only in the case of the statute named by subparagraph (B) of paragraph (1).

“(3) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (2). An offense shall not be considered to be an offense described in this subsection except if or to the extent that it is committed by a Member of Congress (as defined by section 2106, including a Delegate to Congress).”.

(c) 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) for an offense described under subsection (d) of section 8312; and”.

(d) 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. 303. CONSTITUTIONAL AUTHORITY.

The Constitutional authority for this title is the power of Congress to make all laws which shall be necessary and proper as enumerated in Article I, Section 8 of the United States Constitution, and the power to ascertain compensation for Congressional service under Article I, Section 6 of the United States Constitution.

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Senate amendment submitted

March 7, 2006