[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3447 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3447

To amend title 5, United States Code, to provide for the forfeiture of 
retirement benefits in the case of a Member of Congress convicted of a 
                    felony, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 1996

   Mr. Tate introduced the following bill; which was referred to the 
   Committee on House Oversight, and in addition to the Committee on 
   Government Reform and Oversight, for a period to be subsequently 
   determined 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 provide for the forfeiture of 
retirement benefits in the case of a Member of Congress convicted of a 
                    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. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Congressional 
Pension Integrity Act of 1996''.
    (b) Findings.--The Congress finds that--
            (1) Members of Congress pledge to uphold the Constitution 
        and the laws of the United States;
            (2) Members of Congress are elected to serve in the public 
        trust and pledge to uphold this public trust;
            (3) a breach of the public trust by a Member of Congress is 
        a serious offense that should have serious consequences;
            (4) a Member of Congress who is convicted of a felony 
        should be punished not only for the crime committed, but for 
        violating the public trust; and
            (5) taxpayers should not pay for the retirement benefits of 
        Members of Congress who have breached the public trust.

SEC. 2. CONVICTION OF CERTAIN OFFENSES AND FORFEITURE OF RETIREMENT 
              BENEFITS.

    (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, on or after the date of the enactment 
        of the Congressional Pension Integrity Act of 1996, 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 conviction or after the 
        date of the enactment of the Congressional Pension Integrity 
        Act of 1996, whichever is later.''.
    (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)(A) which is a felony under Federal or State law; or
            ``(B) which is (i) not an offense described in subparagraph 
        (A), (ii) a crime under Federal or State law, and (iii) a 
        result of conduct directly related to the performance of the 
        individual's official duties as a Member of Congress;
            ``(2) for which the individual is convicted on or after the 
        date on which such individual first becomes a Member of 
        Congress (including a Delegate to Congress), whether or not 
        such individual is still such a Member on the date of 
        conviction; and
            ``(3) which was committed on or after the date of the 
        enactment of the Congressional Pension Integrity Act of 
        1996.''.

SEC. 3. 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) after the date of the enactment of the 
                Congressional Pension Integrity Act of 1996, for an 
                offense described in section 8312(e); and''.

SEC. 4. FORFEITURE OF CONTRIBUTIONS AND DEPOSITS.

    (a) General Rule.--
            (1) Refund provisions not applicable to offenses described 
        in section 8312(e).--Section 8316(b) of title 5, United States 
        Code, is amended by adding at the end the following:
    ``(c) A refund under this section may not be made when payment of 
annuity or retired pay is denied under this subchapter because an 
individual was convicted of an offense described in section 8312(e), to 
the extent provided therein.''.
            (2) Conforming amendment.--Section 8316(a) of title 5, 
        United States Code, is amended by striking ``When'' and 
        inserting ``Except as provided in subsection (c), when''.
    (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:
    ``(d)(1) Except as provided in paragraph (2), when payment of 
annuity or retired pay is denied under this subchapter because an 
individual was convicted of an offense named by section 8312, to the 
extent provided by that section, or violated section 8314 or 8315, 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) No amount shall be refunded or otherwise made available under 
this subsection when payment of annuity or retired pay is denied under 
this subchapter because an individual was convicted of an offense named 
by section 8312(e), to the extent provided therein.
    ``(3) 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 
        under which this subsection shall be applied in any case in 
        which the pardoned individual is an individual with respect to 
        whom the regulations under section 8316(c) were applied.''.
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