[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2987 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2987

   To amend title 5, United States Code, to deny Federal retirement 
         benefits to individuals convicted of child sex abuse.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 18, 2021

  Mr. Daines 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 individuals convicted of child sex abuse.

    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 ``Denying Pensions to Convicted Child 
Molesters Act of 2021''.

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. Convicted child molesters
    ``(a) Prohibition.--
            ``(1) In general.--An individual, or a survivor or 
        beneficiary of an individual, may not be paid annuity or 
        retired pay on the basis of the service of the individual which 
        is creditable toward the annuity or retired pay, subject to the 
        exceptions in section 8311(2) and (3) of this title and 
        subsections (d) and (e) of this section, if the individual is 
        convicted of an offense--
                    ``(A) within the purview of section 2241(c), 
                section 2243(a), or paragraph (3) or (5) of section 
                2244(a) of title 18; and
                    ``(B) for which the conduct constituting the 
                offense is committed on or after the date of enactment 
                of this section, which shall include any offense that 
                includes conduct that continued on or after such date 
                of enactment.
            ``(2) Notice.--If an individual entitled to an annuity or 
        retired pay is convicted of an offense described in paragraph 
        (1), the Attorney General shall notify the head of the agency 
        administering the annuity or retired pay of the individual.
    ``(b) Foreign Offenses.--
            ``(1) In general.--For purposes of subsection (a), a 
        conviction of an offense within the meaning of such subsection 
        may be established if the Attorney General certifies to the 
        agency administering the annuity or retired pay concerned--
                    ``(A) that an individual has been convicted by an 
                impartial court of appropriate jurisdiction within a 
                foreign country in circumstances in which the conduct 
                would constitute an offense described in subsection 
                (a)(1), 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, which shall include any 
                offense that includes conduct that continued on or 
                after such date of enactment.
            ``(2) Review.--Any certification made pursuant to this 
        subsection shall be subject to review by the United States 
        Court of Federal Claims based upon the application of the 
        individual 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 individual 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.
    ``(c) Absence From the United States To Avoid Prosecution.--
            ``(1) In general.--An individual, or a survivor or 
        beneficiary of an individual, may not be paid annuity or 
        retired pay on the basis of the service of the individual 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 individual--
                    ``(A) is under indictment for an offense described 
                in subsection (a); 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.
            ``(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.
    ``(d) Pardons.--
            ``(1) Restoration of annuity or retired pay.--If an 
        individual who forfeits an annuity or retired pay under this 
        section is pardoned by the President, the right of the 
        individual and a survivor or beneficiary of the individual 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.
    ``(e) Payments to Victims.--
            ``(1) In general.--Notwithstanding section 8346(a), section 
        8470(a), or any other provision of law exempting an annuity or 
        retired pay from execution, levy, attachment, garnishment, or 
        other legal process, if the annuity or retired pay of an 
        individual is subject to forfeiture under this section, the 
        head of the agency administering the annuity or retired pay 
        shall pay, from amounts that would have been used to pay the 
        annuity or retired pay, amounts to a victim of an offense 
        described in subsection (a) committed by the individual if and 
        to the extent payment of such amounts is expressly provided for 
        in--
                    ``(A) any court order of restitution to or similar 
                compensation of the victim; or
                    ``(B) any court order or other similar process in 
                the nature of garnishment for the enforcement of a 
                judgment rendered against such individual relating to 
                the offense or the course of conduct constituting the 
                offense.
            ``(2) Maximum amount.--The total amount paid to a victim 
        under paragraph (1) shall not exceed the amount that is subject 
        to forfeiture under this section.
            ``(3) Limit on refunds.--Contributions and deposits by an 
        individual whose annuity or retired pay is subject to 
        forfeiture under this section shall not be refunded under 
        section 8316 to the extent the amount of such contributions or 
        deposits are paid to a victim under paragraph (1).''.
    (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 convicted of an offense 
        described in section 8312a(a), 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. Convicted child molesters.''.
                                 <all>