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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3310 Introduced in House (IH)]

  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.

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

SECTION 1. CONVICTION OF CERTAIN OFFENSES.

    (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 adding after paragraph (2) the following:
            ``(3) was convicted of an offense described in subsection 
        (e), 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 adding after subparagraph (B) the 
        following:
            ``(C) with respect to an offense described in subsection 
        (e), to the period after the date of the conviction.''.
    (b) Description of Offenses.--Section 8312 of title 5, United 
States Code, is amended by adding at the end the following:
    ``(e) An offense described in this subsection is any offense--
            ``(1) which is a felony under Federal or State law;
            ``(2) which was committed while the individual was a Member 
        of Congress (including a Delegate to Congress); and
            ``(3) which was committed after the date of the enactment 
        of this subsection.''.

SEC. 2. ABSENCE FROM THE UNITED STATES TO AVOID PROSECUTION.

    Section 8313(a)(1) of title 5, United States Code, 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 in section 8312(e); 
                and''.

SEC. 3. REFUND OF CONTRIBUTIONS AND DEPOSITS.

    (a) General Rule.--
            (1) Applicability to offenses described in section 
        8312(e).--Section 8316(b) of title 5, United States Code, 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(e), for the period after the 
        conviction.''.
            (2) Conforming amendment.--Section 8316(a) of title 5, 
        United States Code, is amended by inserting ``(or described 
        in)'' after ``an offense named by''.
    (b) Treatment of Contributions to the Thrift Savings Plan.--
            (1) In general.--Section 8316 of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(c)(1) When payment of annuity or retired pay is denied under 
this chapter because an individual was convicted of an offense named by 
(or described in) section 8312, to the extent provided by that section, 
or violated section 8314 or 8415, the amount standing to such 
individual's credit in the Thrift Savings Plan at the time of the 
conviction or violation (as the case may be) shall, on appropriate 
application therefor, be refunded or otherwise made available to such 
individual, at such time, in such manner, to such extent, and otherwise 
in accordance with such regulations as the Executive Director shall 
prescribe consistent, to the extent practicable, with subsections (a) 
and (b).
    ``(2) For the purpose of this subsection--
            ``(A) the term `Thrift Savings Plan' means the Thrift 
        Savings Plan under subchapter III of chapter 84; and
            ``(B) the term `Executive Director' means the Executive 
        Director appointed under section 8474(a).''.
            (2) Conforming amendment.--Section 8318(d) of title 5, 
        United States Code, is amended by adding at the end the 
        following: ``The Executive Director shall prescribe regulations 
        to effectuate the application of this subsection in any case in 
        which the pardoned individual is an individual with respect to 
        whom the regulations under section 8316(c) were applied.''.

SEC. 4. RESTORATION OF ANNUITY OR RETIRED PAY.

    (a) In General.--Section 8318 of title 5, United States Code, is 
amended in subsections (a) and (c) by inserting ``(or by the Governor, 
in the case of a felony under State law described in section 8312(e))'' 
after ``by the President''.
    (b) Conforming Amendment.--Section 8318(a)(1) of title 5, United 
States Code, is amended by inserting ``(or described in)'' after ``an 
offense named by''.
                                 <all>
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