[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3459 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3459
To amend title 5, United States Code, to deny Federal retirement
benefits to Members of Congress convicted of a felony.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 12, 2020
Mr. Tillis introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to deny Federal retirement
benefits to Members of Congress 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. SHORT TITLE.
This Act may be cited as the ``No Cash for Crooks Act''.
SEC. 2. DENIAL OF RETIREMENT BENEFITS.
(a) In General.--Subchapter II of chapter 83 of title 5, United
States Code, is amended by inserting after section 8312 the following:
``Sec. 8312a. Members of Congress convicted of felonies
``(a) Definitions.--In this section--
``(1) the term `conviction' includes entering a plea of
guilty and a verdict;
``(2) the term `felony' means an offense under Federal,
State, or Tribal law punishable by imprisonment for a period of
more than 1 year; and
``(3) the term `Member of Congress'--
``(A) means a Member of Congress, as defined in
section 2016; and
``(B) does not include the Vice President.
``(b) Prohibition.--A Member of Congress, or a survivor or
beneficiary of a Member of Congress, may not be paid annuity or retired
pay on the basis of the service of the Member of Congress in any
position as an officer or employee of the Federal Government which is
creditable toward the annuity or retired pay, subject to the exceptions
in section 8311(2) and (3) of this title, if the Member of Congress is
convicted of a felony for which the conduct constituting the offense
was committed in whole or in part--
``(1) on or after the date of enactment of this section;
and
``(2) while a Member of Congress.
``(c) Foreign Offenses.--
``(1) In general.--For purposes of subsection (b), a
conviction of a felony may be established if the Attorney
General certifies to the agency administering the annuity or
retired pay concerned--
``(A) that a Member of Congress subject to this
chapter has been convicted by an impartial court of
appropriate jurisdiction within a foreign country in
circumstances in which the conduct would constitute a
felony under Federal, State, or Tribal law had such
conduct taken place within the United States and that
such conviction is not being appealed or that final
action has been taken on such appeal;
``(B) that such conviction was obtained in
accordance with procedures that provided the defendant
due process rights comparable to such rights provided
by the United States Constitution, and such conviction
was based upon evidence which would have been
admissible in the courts of the United States; and
``(C) that such conduct occurred after the date of
enactment of this section.
``(2) Review.--Any certification made pursuant to this
subsection shall be subject to review by the United States
Court of Claims based upon the application of the Member of
Congress concerned, or his or her attorney, alleging that a
condition set forth in subparagraph (A), (B), or (C) of
paragraph (1), as certified by the Attorney General, has not
been satisfied in his or her particular circumstances. Should
the court determine that any of these conditions has not been
satisfied in such case, the court shall order any annuity or
retirement benefit to which the person concerned is entitled to
be restored and shall order that any payments which may have
been previously denied or withheld to be paid by the department
or agency concerned.
``(d) Absence From the United States To Avoid Prosecution.--
``(1) In general.--A Member of Congress, or a survivor or
beneficiary of a Member of Congress, may not be paid annuity or
retired pay on the basis of the service of the Member of
Congress in any position as an officer or employee of the
Federal Government which is creditable toward the annuity or
retired pay, subject to the exceptions in section 8311(2) and
(3) of this title, if the Member of Congress--
``(A) is under indictment, or has outstanding
against him or her charges preferred under the Uniform
Code of Military Justice, for a felony for which the
conduct constituting the offense was committed in whole
or in part--
``(i) on or after the date of enactment of
this section; and
``(ii) while a Member of Congress; and
``(B) willfully remains outside the United States,
or its territories and possessions including the
Commonwealth of Puerto Rico, for more than 1 year with
knowledge of the indictment or charges, as the case may
be.
``(2) Period.--The prohibition on payment of annuity or
retired pay under paragraph (1) applies during the period--
``(A) beginning on the day after the end of the 1-
year period described in paragraph (1); and
``(B) ending on the date on which--
``(i) a nolle prosequi to the entire
indictment is entered on the record or the
charges are dismissed by competent authority;
``(ii) the individual returns and
thereafter the indictment or charges is or are
dismissed; or
``(iii) after trial by court or court-
martial, the accused is found not guilty of the
offense or offenses.
``(e) Pardons.--
``(1) Restoration of annuity or retired pay.--If a Member
of Congress who forfeits an annuity under this section is
pardoned by the President, the right of the Member of Congress
and a survivor or beneficiary of the Member of Congress to
receive annuity or retired pay previously denied under this
section is restored as of the date of the pardon.
``(2) Limitation.--Payment of annuity or retired pay which
is restored under paragraph (1) based on pardon by the
President may not be made for a period before the date of
pardon.
``(f) Spousal Benefits.--The spouse of a Member of Congress whose
annuity or retired pay is forfeited under this section shall be
eligible for spousal pension benefits if the Attorney General
determines that the spouse fully cooperated with law enforcement
authorities in the conduct of a criminal investigation and subsequent
prosecution of the Member of Congress which resulted in such
forfeiture.''.
(b) Nonaccrual of Interest on Refunds.--Section 8316 of title 5,
United States Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``under section 8312a or'' before ``because
an individual''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(3) if the individual is a Member of Congress who is
convicted of a felony, for the period after the conviction.''.
(c) Conforming Amendment.--The table of sections for chapter 83 of
title 5, United States Code, is amended by inserting after the item
relating to section 8312 the following:
``8312a. Members of Congress convicted of felonies.''.
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