I

104TH CONGRESS

1ST SESSION H. R. 350

To amend title 5, United States Code, to deny annuity benefits with respect

to any Member of Congress convicted of a felony and to terminate

the salary of any justice or judge of the United States who is convicted

of a felony.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. PORTER introduced the following bill; which was referred to the Committee on Government Reform and Oversight and, in addition, to the Committees on House Oversight, and the Judiciary, for a period to be subsequently detemined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title 5, United States Code, to deny annuity benefits with respect to any Member of Congress convicted

of a felony and to terminate the salary of any justice

or judge of the United States who is convicted of a

felony.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DENIAL OF ANNUITY BENEFITS TO MEMBERS

4 OF CONGRESS CONVICTED OF FELONIES.

5 (a) CONVICTION OF CERTAIN OFFENSES.—Section

6 8312 of title 5, United States Code, relating to denial of
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1 annuities for conviction of certain offenses, is amended by

2 adding at the end the following:

3 ‘‘(e) An individual, or his survivor or beneficiary, may

4 not be paid an annuity under subchapter III of this chap5 ter, or under chapter 84, on the basis of service as a Mem6 ber (as defined in section 8331(2) or 8401(20)) if the indi7 vidual is convicted of any felony under State or Federal

8 law, committed on or after the date of the enactment of

9 this subsection.’’.

10 (b) REFUND OF CONTRIBUTIONS AND DEPOSITS.—

11 Section 8316(b) of title 5, United States Code, relating

12 to refund of contributions and deposits, is amended—

13 (1) by striking ‘‘or’’ at the end of paragraph

14 (1);

15 (2) by striking the period at the end of para16 graph (2) and inserting ‘‘; or’’; and

17 (3) by adding at the end the following:

18 ‘‘(3) if the individual was convicted of an of19 fense described in subsection (e) of section 8312, for

20 the period after the conviction.’’.

21 (c) RESTORATION OF ANNUITY OR RETIRED PAY.—

22 Section 8318(a) of title 5, United States Code, relating

23 to restoration of annuity or retired pay, is amended—

24 (1) by inserting after ‘‘is pardoned by the

25 President’’ the following: ‘‘(or by the Governor, in
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1 the case of a felony under State law described in

2 section 8312(e) of this title) or if the conviction is

3 reversed on appeal in the case of a felony described

4 in section 8312(e) of this title’’; and

5 (2) by striking the period and inserting the fol6 lowing: ‘‘or, in the case of a reversal, as of the date

7 of the conviction so reversed.’’.

8 SEC. 2. TERMINATION OF SALARY OF A JUSTICE OR JUDGE

9 CONVICTED OF A FELONY.

10 (a) BASIS FOR TERMINATION.—Any justice or judge

11 of the United States—

12 (1) who—

13 (A) is in regular active service, or

14 (B) has retired under section 371(b) of

15 title 28, United States Code, and is receiving

16 the salary of the office, and

17 (2) has been convicted of a felony under the

18 laws of the United States or of any State,

19 may not receive his or her salary as a justice or judge

20 of the United States beginning on the date of the convic21 tion.

22 (b) RESUMPTION IF CONVICTION OVERTURNED.—If

23 the conviction on the basis of which the salary of a justice

24 or judge of the United States is terminated under sub25 section (a) is subsequently overturned or reversed by ac-
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1 tion of an appropriate court, that salary shall be rein2 stated, and the justice or judge shall receive all amounts

3 of such salary which he or she would have received but

4 for the conviction.

5 (c) DEFINITIONS.—As used in this section—

6 (1) the term ‘‘justice or judge of the United

7 States’’ means a ‘‘justice of the United States’’ or

8 a ‘‘judge of the United States’’, as those terms are

9 defined in section 451 of title 28, United States

10 Code;

11 (2) the term ‘‘felony’’ means an offense for

12 which the maximum term of imprisonment author13 ized is more than one year; and

14 (3) the term ‘‘State’’ means each of the several

15 States, the District of Columbia, and any territory

16 or possession of the United States.

17 (d) APPLICABILITY.—This section shall apply to any

18 justice or judge of the United States who is convicted of

19 a felony before, on, or after the date of the enactment

20 of this section.

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