What This Bill Does
This bill adds a new reason for federal employees to lose their retirement benefits. Federal employees convicted of making false statements while testifying before Congress would forfeit their federal retirement benefits starting from the date of their conviction.
Who It Affects
Federal employees (including employees of the United States Postal Service, the Postal Regulatory Commission, and certain veterans affairs employees) who are convicted of making false statements before a congressional committee.
Key Provisions
• Federal employees convicted of making false statements while testifying before Congress lose their retirement benefits starting from the date of conviction (Sec. 2(a)(1)(A)).
• The false statements must directly relate to the employee's official job duties and must occur during testimony before a congressional committee (Sec. 2(a)(1)(B)).
• The conviction must happen after this bill becomes law (Sec. 2(a)(1)(B)).
• An employee who leaves the United States to avoid prosecution for this offense also forfeits retirement benefits (Sec. 2(b)).
What Changes
If this becomes law, federal retirement benefits rules will expand to include a new reason for losing benefits. Currently, certain convictions result in benefit forfeiture. This bill adds false statements made during congressional testimony to that list.
Important Definitions
The bill defines the types of false statement offenses covered as those involving making false statements, but only when all parts of the crime directly relate to the employee's official duties and occur during congressional testimony.
I
118TH CONGRESS
1ST SESSION H. R. 1442
To amend title 5, United States Code, to provide for the forfeiture of certain
Federal retirement benefits for Federal employees convicted of making
false statements before Congress, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2023
Mr. CARL introduced the following bill; which was referred to the Committee
on Oversight and Accountability
A BILL
To amend title 5, United States Code, to provide for the
forfeiture of certain Federal retirement benefits for Fed-
eral employees convicted of making false statements be-
fore Congress, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘No Pensions for Lying
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Bureaucrats Act’’.
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•HR 1442 IH
SEC. 2. FORFEITURE OF FEDERAL RETIREMENT BENEFITS
1
FOR FEDERAL EMPLOYEES CONVICTED OF
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MAKING FALSE STATEMENTS BEFORE CON-
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GRESS.
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(a) FORFEITURE.—
5
(1) IN
GENERAL.—Section 8312 of title 5,
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United States Code, is amended—
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(A) in subsection (a)—
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(i) by striking ‘‘or’’ at the end of
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paragraph (1), by striking the period at
10
the end of paragraph (2) and inserting ‘‘;
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or’’, and by adding after paragraph (2) the
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following:
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‘‘(3) was convicted, on or after the date of the
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enactment of this paragraph, of an offense described
15
in subsection (e), to the extent provided by that sub-
16
section.’’; and
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(ii) in the matter following paragraph
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(3) (as added by subparagraph (A) of this
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subsection), by striking ‘‘and’’ at the end
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of subparagraph (A), by striking the period
21
at the end of subparagraph (B) and insert-
22
ing ‘‘; and’’, and by adding after subpara-
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graph (B) the following:
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•HR 1442 IH
‘‘(C) with respect to an offense described in
1
subsection (e), to the period after the date of convic-
2
tion.’’; and
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(B) by adding at the end the following:
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‘‘(e)(1) An offense to which subsection (a)(3) applies
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is any offense within the purview of section 1001 (relating
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to false statements) of title 18, but only if every act or
7
omission of the individual that is needed to satisfy the ele-
8
ments of the offense—
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‘‘(A) is committed after the date of enactment
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of this subsection;
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‘‘(B) directly relates to the performance of the
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individual’s official duties as an employee; and
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‘‘(C) is committed while giving testimony before
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a committee of Congress.
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‘‘(2) Notwithstanding the definition of the term ‘em-
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ployee’ in section 8311, in this subsection the term ‘em-
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ployee’—
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‘‘(A) has the meaning given that term in sec-
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tion 2105; and
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‘‘(B) includes any employee of the United
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States Postal Service or Postal Regulatory Commis-
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sion and any employee appointed under chapter 73
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or 74 of title 38, notwithstanding section 7425(b) of
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that title.’’.
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•HR 1442 IH
(2)
CONFORMING
AMENDMENT.—Section
1
8311(1) of title 5, United States Code, is amended
2
by inserting ‘‘except as provided in section 8312(e),’’
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before ‘‘ ‘employee’ ’’.
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(b) ABSENCE FROM THE UNITED SATES TO AVOID
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PROSECUTION.—Section 8313(a)(1) of title 5, United
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States Code, is amended by striking ‘‘or’’ at the end of
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subparagraph (A), by striking ‘‘and’’ at the end of sub-
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paragraph (B) and inserting ‘‘or’’, and by adding at the
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end the following:
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‘‘(C) after the date of the enactment of
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this subparagraph, for an offense described in
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section 8312(e); and’’.
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Æ
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