[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3933 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3933

To amend titles 5 and 37 of the United States Code to allow members of 
      the armed forces to participate in the Thrift Savings Plan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 1998

 Mr. Mica (for himself and Mr. Pickett) introduced the following bill; 
which was referred to the Committee on Government Reform and Oversight, 
and in addition to the Committee on National Security, 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 titles 5 and 37 of the United States Code to allow members of 
      the armed forces to participate in the Thrift Savings Plan.

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

SECTION 1. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    (a) Authority for Members of the Armed Forces to Contribute to the 
Thrift Savings Fund.--(1) Subchapter III of chapter 84 of title 5, 
United States Code, is amended by adding at the end the following:
``Sec. 8440e. Members of the Armed Forces
    ``(a)(1) A member of the armed forces may elect to contribute an 
amount of such individual's basic pay to the Thrift Savings Fund.
    ``(2) An election may be made under paragraph (1) only during a 
period provided under section 8432(b) for individuals subject to this 
chapter, except that a member of the armed forces who is on active duty 
on the effective date of this section may make the first such election 
during the first such period commencing after the effective date of 
this section.
    ``(b)(1) Except as otherwise provided in this subsection, the 
provisions of this subchapter and subchapter VII shall apply with 
respect to members of the armed forces making contributions to the 
Thrift Savings Fund.
    ``(2) The amount contributed by a member of the armed forces for 
any pay period shall not exceed 5 percent of such member's basic pay 
for such pay period.
    ``(3) No contributions under section 8432(c) shall be made for the 
benefit of a member of the armed forces making contributions to the 
Thrift Savings Fund under subsection (a).
    ``(4) In applying section 8433 to a member of the armed forces who 
has an account balance in the Thrift Savings Fund--
            ``(A) any reference in such section to separation from 
        Government employment shall be construed in the same manner as 
        set forth in section 211(b) of title 37; and
            ``(B) the reference in section 8433(g)(1) to contributions 
        made under section 8432(a) shall be considered a reference to 
        contributions made under sections 8351, 8432(a), and this 
        section, respectively.
    ``(c) For purposes of this section, the term `basic pay' has the 
meaning given such term by section 204 of title 37.''.
    (2) The table of sections at the beginning of chapter 84 of title 
5, United States Code, is amended by adding after the item relating to 
section 8440d the following:

``8440e. Members of the Armed Forces.''.
    (b) Amendments Relating to the Employee Thrift Advisory Council.--
Section 8473 of title 5, United States Code, is amended--
            (1) in subsections (a) and (b) by striking ``14 members'' 
        and inserting ``15 members''; and
            (2) in subsection (b) by striking ``and'' at the end of 
        paragraph (8), by striking the period at the end of paragraph 
        (9) and inserting ``; and'', and by adding at the end the 
        following:
            ``(10) 1 shall be appointed to represent participants who 
        are members of the uniformed services (within the meaning of 
        section 8440e).''.
    (c) Technical and Conforming Amendments.--(1) Paragraph (11) of 
section 8351(b) of title 5, United States Code, is amended by 
redesignating such paragraph as paragraph (8).
    (2) Subparagraph (B) of section 8432b(b)(2) of title 5, United 
States Code, is amended by striking ``section 8432(a)'' and inserting 
``sections 8432(a) and 8440e, respectively,''.

SEC. 2. AMENDMENTS TO TITLE 37, UNITED STATES CODE.

    (a) In General.--(1) Chapter 3 of title 37, United States Code, is 
amended by adding at the end the following:
``Sec. 211. Contributions to Thrift Savings Fund
    ``(a) Authority of Members to Contribute.--A member of the armed 
forces who is performing active service may elect to contribute, in 
accordance with section 8440e of title 5, a portion of the basic pay of 
the member for that service to the Thrift Savings Fund established by 
section 8437 of title 5.
    ``(b) Separation From Service.--The release of a member from active 
service (not followed by a resumption of active service within 30 
consecutive calendar days), the transfer of a member to inactive 
status, or the transfer of a member to a retired list pursuant to title 
10 shall be considered a separation from service for purposes of 
section 8440e of title 5.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following:

``211. Contributions to Thrift Savings Fund.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall issue regulations 
to implement section 211 of title 37, United States Code, as added by 
subsection (a).
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