I

104TH CONGRESS

2D SESSION H. R. 3310

To amend title 5, United States Code, to deny Federal retirement annuities

to Members of Congress convicted of any felony, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 24, 1996

Mr. DICKEY introduced the following bill; which was referred to the

Committee on House Oversight

A BILL

To amend title 5, United States Code, to deny Federal

retirement annuities to Members of Congress convicted

of any felony, and for other purposes.

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

3 SECTION 1. CONVICTION OF CERTAIN OFFENSES.

4 (a) IN GENERAL.—Section 8312(a) of title 5, United

5 States Code, is amended—

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

7 (1), by striking the period at the end of paragraph

8 (2) and inserting ‘‘; or’’, and by adding after para9 graph (2) the following:
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1 ‘‘(3) was convicted of an offense described in

2 subsection (e), to the extent provided by that sub3 section.’’; and

4 (2) by striking ‘‘and’’ at the end of subpara5 graph (A), by striking the period at the end of sub6 paragraph (B) and inserting ‘‘; and’’, and by adding

7 after subparagraph (B) the following:

8 ‘‘(C) with respect to an offense described in

9 subsection (e), to the period after the date of the

10 conviction.’’.

11 (b) DESCRIPTION OF OFFENSES.—Section 8312 of

12 title 5, United States Code, is amended by adding at the

13 end the following:

14 ‘‘(e) An offense described in this subsection is any

15 offense—

16 ‘‘(1) which is a felony under Federal or State

17 law;

18 ‘‘(2) which was committed while the individual

19 was a Member of Congress (including a Delegate to

20 Congress); and

21 ‘‘(3) which was committed after the date of the

22 enactment of this subsection.’’.
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1 SEC. 2. ABSENCE FROM THE UNITED STATES TO AVOID

2 PROSECUTION.

3 Section 8313(a)(1) of title 5, United States Code, is

4 amended by striking ‘‘or’’ at the end of subparagraph (A),

5 by striking ‘‘and’’ at the end of subparagraph (B) and

6 inserting ‘‘or’’, and by adding at the end the following:

7 ‘‘(C) for an offense described in section

8 8312(e); and’’.

9 SEC. 3. REFUND OF CONTRIBUTIONS AND DEPOSITS.

10 (a) GENERAL RULE.—

11 (1) APPLICABILITY TO OFFENSES DESCRIBED

12 IN SECTION 8312(E).—Section 8316(b) of title 5,

13 United States Code, is amended by striking ‘‘or’’ at

14 the end of paragraph (1), by striking the period at

15 the end of paragraph (2) and inserting ‘‘; or’’, and

16 by adding at the end the following:

17 ‘‘(3) if the individual was convicted of an of18 fense described in section 8312(e), for the period

19 after the conviction.’’.

20 (2) CONFORMING AMENDMENT.—Section

21 8316(a) of title 5, United States Code, is amended

22 by inserting ‘‘(or described in)’’ after ‘‘an offense

23 named by’’.

24 (b) TREATMENT OF CONTRIBUTIONS TO THE THRIFT

25 SAVINGS PLAN.—
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1 (1) IN GENERAL.—Section 8316 of title 5,

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘(c)(1) When payment of annuity or retired pay is

5 denied under this chapter because an individual was con6 victed of an offense named by (or described in) section

7 8312, to the extent provided by that section, or violated

8 section 8314 or 8415, the amount standing to such indi9 vidual’s credit in the Thrift Savings Plan at the time of

10 the conviction or violation (as the case may be) shall, on

11 appropriate application therefor, be refunded or otherwise

12 made available to such individual, at such time, in such

13 manner, to such extent, and otherwise in accordance with

14 such regulations as the Executive Director shall prescribe

15 consistent, to the extent practicable, with subsections (a)

16 and (b).

17 ‘‘(2) For the purpose of this subsection—

18 ‘‘(A) the term ‘Thrift Savings Plan’ means the

19 Thrift Savings Plan under subchapter III of chapter

20 84; and

21 ‘‘(B) the term ‘Executive Director’ means the

22 Executive Director appointed under section

23 8474(a).’’.

24 (2) CONFORMING AMENDMENT.—Section

25 8318(d) of title 5, United States Code, is amended
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1 by adding at the end the following: ‘‘The Executive

2 Director shall prescribe regulations to effectuate the

3 application of this subsection in any case in which

4 the pardoned individual is an individual with respect

5 to whom the regulations under section 8316(c) were

6 applied.’’.

7 SEC. 4. RESTORATION OF ANNUITY OR RETIRED PAY.

8 (a) IN GENERAL.—Section 8318 of title 5, United

9 States Code, is amended in subsections (a) and (c) by in10 serting ‘‘(or by the Governor, in the case of a felony under

11 State law described in section 8312(e))’’ after ‘‘by the

12 President’’.

13 (b) CONFORMING AMENDMENT.—Section 8318(a)(1)

14 of title 5, United States Code, is amended by inserting

15 ‘‘(or described in)’’ after ‘‘an offense named by’’.

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