Library / Laws / 118th / sres / S.Res. 446 / Introduced in Senate
III
118th CONGRESS
1st Session
S. RES. 446
IN THE SENATE OF THE UNITED STATES
November 2, 2023Mr. Fetterman submitted the following resolution; which was referred to the Committee on Rules and Administration
RESOLUTION
Prohibiting Senators charged with certain criminal offenses from receiving classified information, and for other purposes.
1.
Prohibition on receipt of classified information by Senators charged with certain criminal offenses
(a)
Definitions
In this section—
(1) the term covered criminal offense means a criminal offense under Federal law relating to—
(A) the unlawful disclosure or improper handling of classified information;
(B) acting as a foreign agent; or
(C) compromising the national security of the United States; and
(2) the term period a Senator is charged with a covered criminal offense means the period—
(A) beginning on the date on which an indictment or information is filed charging a Senator with 1 or more covered criminal offenses; and
(B) ending on the date on which, for each such covered criminal offense—
(i) the charge for the covered criminal offense is dismissed; or
(ii) the Senator is found not guilty of the covered criminal offense.
(b)
Prohibitions
Except as provided in subsection (c), during a period a Senator is charged with a covered criminal offense—
(1) the Senator may not receive any classified information, including classified information received as a part of information provided to the personal office of the Senator, to a committee of the Senate or of Congress, or through a briefing of Senators;
(2) the Senator may not serve as a member of any committee of the Senate or of Congress;
(3) the Senator may not submit a congressionally directed spending request for any appropriation bill or other legislation;
(4) it shall not be in order to include an item of congressionally directed spending requested by the Senator in any appropriation bill or other legislation; and
(5) the Senator may not obligate official funds for any international travel.
(c)
Waiver
Subsection (b) may be waived with respect to a Senator upon an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn.