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.
Be it enacted by the Senate and House of Representa-
tives 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 para-
graph (2) the following:
‘‘(3) was convicted of an offense described in
subsection (e), to the extent provided by that sub-
section.’’; and
(2) by striking ‘‘and’’ at the end of subpara-
graph (A), by striking the period at the end of sub-
paragraph (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 of-
fense 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 con-
victed 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 indi-
vidual’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 in-
serting ‘‘(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’’.
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