[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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