S. 2268

Congressional Pension Accountability Act

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II

109th CONGRESS

2d Session

S. 2268

IN THE SENATE OF THE UNITED STATES

February 9, 2006

Mr. Kerry (for himself and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend title 5, United States Code, to deny Federal retirement benefits to individuals convicted of certain offenses, and for other purposes.

1.

Short title

This Act may be cited as the Congressional Pension Accountability Act.

2.

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.

.

3.

Constitutional authority

The Constitutional authority for this Act 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.