[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 350 Introduced in House (IH)]







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.

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

SECTION 1. DENIAL OF ANNUITY BENEFITS TO MEMBERS OF CONGRESS CONVICTED 
              OF FELONIES.

    (a) Conviction of Certain Offenses.--Section 8312 of title 5, 
United States Code, relating to denial of annuities for conviction of 
certain offenses, is amended by adding at the end the following:
    ``(e) An individual, or his survivor or beneficiary, may not be 
paid an annuity under subchapter III of this chapter, or under chapter 
84, on the basis of service as a Member (as defined in section 8331(2) 
or 8401(20)) if the individual is convicted of any felony under State 
or Federal law, committed on or after the date of the enactment of this 
subsection.''.
    (b) Refund of Contributions and Deposits.--Section 8316(b) of title 
5, United States Code, relating to refund of contributions and 
deposits, is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) if the individual was convicted of an offense 
        described in subsection (e) of section 8312, for the period 
        after the conviction.''.
    (c) Restoration of Annuity or Retired Pay.--Section 8318(a) of 
title 5, United States Code, relating to restoration of annuity or 
retired pay, is amended--
            (1) by inserting after ``is pardoned by the President'' the 
        following: ``(or by the Governor, in the case of a felony under 
        State law described in section 8312(e) of this title) or if the 
        conviction is reversed on appeal in the case of a felony 
        described in section 8312(e) of this title''; and
            (2) by striking the period and inserting the following: 
        ``or, in the case of a reversal, as of the date of the 
        conviction so reversed.''.

SEC. 2. TERMINATION OF SALARY OF A JUSTICE OR JUDGE CONVICTED OF A 
              FELONY.

    (a) Basis for Termination.--Any justice or judge of the United 
States--
            (1) who--
                    (A) is in regular active service, or
                    (B) has retired under section 371(b) of title 28, 
                United States Code, and is receiving the salary of the 
                office, and
            (2) has been convicted of a felony under the laws of the 
        United States or of any State,
may not receive his or her salary as a justice or judge of the United 
States beginning on the date of the conviction.
    (b) Resumption if Conviction Overturned.--If the conviction on the 
basis of which the salary of a justice or judge of the United States is 
terminated under subsection (a) is subsequently overturned or reversed 
by action of an appropriate court, that salary shall be reinstated, and 
the justice or judge shall receive all amounts of such salary which he 
or she would have received but for the conviction.
    (c) Definitions.--As used in this section--
            (1) the term ``justice or judge of the United States'' 
        means a ``justice of the United States'' or a ``judge of the 
        United States'', as those terms are defined in section 451 of 
        title 28, United States Code;
            (2) the term ``felony'' means an offense for which the 
        maximum term of imprisonment authorized is more than one year; 
        and
            (3) the term ``State'' means each of the several States, 
        the District of Columbia, and any territory or possession of 
        the United States.
    (d) Applicability.--This section shall apply to any justice or 
judge of the United States who is convicted of a felony before, on, or 
after the date of the enactment of this section.
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