S.Amdt. 5742

SA 5742, submitted by Mr. Schiff, aims to prevent certain individuals from receiving payouts from the United States. It proposes adding a section to title 28, United States Code, to block claims from individuals convicted of specific crimes, even if they were later pardoned.

The amendment targets individuals convicted of felonies or misdemeanors related to:

• The January 6, 2021, attack on the U.S. Capitol building and grounds.
• Acts intended to disrupt, delay, or impede the joint session of Congress certifying the 2020 presidential election, such as seditious conspiracy.
• Actions taken to disrupt, interfere with, or unlawfully influence the 2016 presidential election, such as conspiracy to defraud the United States.

This change applies to claims pending on, or brought on or after, January 20, 2025.

Additionally, the amendment requires individuals who received payments, judgments, awards, settlements, or interest from the United States (including from the Judgment Fund) between January 20, 2025, and the date the Act is enacted to return the full amount to the Treasury.

To enforce this, a State attorney general can bring a civil action against an individual who lives in that State or committed the offense within that State. The court would then order the individual to return the full funds to the Treasury and pay the State damages equal to 25 percent of that amount to cover justice administration and law enforcement costs.