H.R. 7706

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7706 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7706

To change the spousal notification and consent requirements for the 
payment of lump-sum retirement benefits in cases of domestic violence, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 25, 2026

Mr. Neguse (for himself, Mrs. Bice, Ms. Moore of Wisconsin, Mrs. 
Dingell, Ms. Norton, Ms. Tlaib, and Ms. Lee of Pennsylvania) introduced 
the following bill; which was referred to the Committee on Oversight 
and Government Reform

_______________________________________________________________________

A BILL

To change the spousal notification and consent requirements for the 
payment of lump-sum retirement benefits in cases of domestic violence, 
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 ``Federal Retirement Safety Act''.

SEC. 2. LUMP-SUM RETIREMENT BENEFIT NOTICE AND CONSENT REQUIREMENTS IN 
CASE OF DOMESTIC VIOLENCE.

(a) Federal Employee Retirement System.--Section 8424(b) of title 
5, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following 
new subparagraph:
``(C) Under the regulations, the Office shall 
provide that paragraph (1)(A) may be waived with 
respect to a spouse or former spouse to the extent 
necessary to protect the safety of the employee or 
Member, or any other person, if the employee or Member 
establishes to the satisfaction of the Office that--
``(i) such spouse or former spouse engaged 
in conduct constituting a domestic violence 
crime (as defined in section 3561(b) of title 
18) against the employee or Member; and
``(ii) providing notice in accordance with 
such paragraph poses a risk to the safety of 
the employee or Member or any other person.''; 
and
(2) by adding at the end the following new paragraphs:
``(4)(A) The Office shall prescribe regulations that 
provide--
``(i) that, notwithstanding paragraph (1)(B), the 
lump-sum credit may be paid without the consent of a 
spouse or former spouse to the extent permitted by the 
applicable court order and necessary to protect the 
safety of the employee or Member, or any other person, 
if the employee or Member establishes to the 
satisfaction of the Office the criteria described in 
subparagraph (B); and
``(ii) procedures to obtain the consent of a spouse 
or former spouse for the payment of the lump-sum credit 
in a manner that protects the safety of the employee or 
Member if the lump-sum credit may not be paid in 
accordance with the applicable court order without 
obtaining such consent and the employee or Member 
establishes to the satisfaction of the Office the 
criteria described in subparagraph (B).
``(B) The criteria described in this subparagraph are--
``(i) that the spouse or former spouse engaged in 
conduct constituting a domestic violence crime (as 
defined in section 3561(b) of title 18) against the 
employee or Member; and
``(ii) obtaining consent in accordance with the 
regulations under paragraph (1)(B) poses a risk to the 
safety of the employee or Member or any other person.
``(5) For the purposes of paragraphs (2)(C) and (4)(A), an 
employee or Member establishes to the satisfaction of the 
Office the criteria described in paragraph (4)(B) with respect 
to a spouse or former spouse for payment of the lump-sum credit 
if such employee or Member self-certifies to the Office in 
writing that such spouse or former spouse engaged in conduct 
constituting a domestic violence crime (as defined in section 
3561(b) of title 18) against the employee or Member during the 
one-year period ending on the date on which such employee or 
Member submits to the Office the application for such 
payment.''.
(b) Civil Service Retirement System.--Section 8342(j) of title 5, 
United States Code, is amended--
(1) in paragraph (2), by adding at the end the following 
new subparagraph:
``(C) Under the regulations, the Office shall 
provide that paragraph (1)(A) may be waived with 
respect to a spouse or former spouse to the extent 
necessary to protect the safety of the employee or 
Member, or any other person, if the employee or Member 
establishes to the satisfaction of the Office that--
``(i) such spouse or former spouse engaged 
in conduct constituting a domestic violence 
crime (as defined in section 3561(b) of title 
18) against the employee or Member; and
``(ii) providing notice in accordance with 
such paragraph poses a risk to the safety of 
the employee or Member or any other person.''; 
and
(2) by adding at the end the following new paragraphs:
``(4)(A) The Office shall prescribe regulations that 
provide--
``(i) that, notwithstanding paragraph (1)(B), the 
lump-sum credit may be paid without the consent of a 
spouse or former spouse to the extent permitted by the 
applicable court order and necessary to protect the 
safety of the employee or Member, or any other person, 
if the employee or Member establishes to the 
satisfaction of the Office the criteria described in 
subparagraph (B); and
``(ii) procedures to obtain the consent of a spouse 
or former spouse for the payment of the lump-sum credit 
in a manner that protects the safety of the employee or 
Member if the lump-sum credit may not be paid in 
accordance with the applicable court order without 
obtaining such consent and the employee or Member 
establishes to the satisfaction of the Office the 
criteria described in subparagraph (B).
``(B) The criteria described in this subparagraph are--
``(i) that the spouse or former spouse engaged in 
conduct constituting a domestic violence crime (as 
defined in section 3561(b) of title 18) against the 
employee or Member; and
``(ii) obtaining consent in accordance with the 
regulations under paragraph (1)(B) poses a risk to the 
safety of the employee or Member or any other person.
``(5) For the purposes of paragraphs (2)(C) and (4)(A), an 
employee or Member establishes to the satisfaction of the 
Office the criteria described in paragraph (4)(B) with respect 
to a spouse or former spouse for payment of the lump-sum credit 
if such employee or Member self-certifies to the Office in 
writing that such spouse or former spouse engaged in conduct 
constituting a domestic violence crime (as defined in section 
3561(b) of title 18) against the employee or Member during the 
one-year period ending on the date on which such employee or 
Member submits to the Office the application for such 
payment.''.
(c) Applicability.--
(1) In general.--The amendments made by this Act shall not 
affect the requirements to provide notice to or obtain consent 
from an individual under section 8342(j) or 8424(b) of title 5, 
United States Code, with respect to a lump-sum credit (as such 
term is defined under section 8331 or 8401 of such title) to 
the extent that such notice or consent would have been required 
if the payment of such lump-sum credit occurred prior to the 
date of the enactment of this Act, except that, to the extent 
that such amendments would, but for this subsection, affect 
such a requirement with respect to an individual, the Director 
of the Office of Personnel Management shall establish 
procedures to provide such notice to or obtain consent from 
such individual in a manner that ensures the safety of the 
relevant employee or Member.
(2) Employee; lump-sum; member defined.--In this 
subsection, the terms ``employee'', ``lump-sum'', and 
``Member''--
(A) with respect to section 8342(j) of title 5, 
United States Code, have the meanings given such terms, 
respectively, in section 8331 of such title; and
(B) with respect to section 8424(b) of such title, 
have the meanings given such terms, respectively, in 
section 8401 of such title.
(d) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Director of the Office of Personnel 
Management shall issue regulations implementing the amendments made by 
this Act.
(e) Effective Date.--This Act and the amendments made by this Act 
shall take effect on the date that is one year after the date of the 
enactment of this Act.
<all>