[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4650-S4651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2305. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPORT ON PENALTIES AVAILABLE FOR FEDERAL CIVILIAN 
                   EMPLOYEES CONVICTED OF CERTAIN FINANCIAL 
                   CRIMES.

       (a) Definitions.--In this section:
       (1) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (2) Federal civilian employee.--The term ``Federal civilian 
     employee'' means an employee of a Federal agency who is not a 
     member of the armed forces, as defined in section 2101 of 
     title 5, United States Code.
       (b) Findings.--Congress finds the following:
       (1) Federal civilian employees who are convicted of 
     significant financial crimes against their employing agency 
     are still eligible to receive their full retirement benefits 
     under current law.
       (2) Military.com reported in January 2024 that a Federal 
     civilian employee of the

[[Page S4651]]

     Army was accused of stealing $100 million from the Army, and, 
     if convicted, the individual will still receive full 
     retirement benefits.
       (c) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should be allowed to withhold 
     retirement pay for criminals who are convicted of financial 
     crimes committed directly against the Department of Defense, 
     just as servicemembers do not receive retirement pay if they 
     receive a punitive discharge at court-martial.
       (d) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this section, the Secretary of Homeland 
     Security, in coordination with the Secretary of Defense, 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Armed Services of 
     the Senate a report outlining penalties and legal recourse 
     available for cases in which a Federal civilian employee is 
     convicted of a significant financial crime against the 
     Federal agency employing the individual.
       (2) Contents.--The report shall include--
       (A) a description of current law surrounding such cases and 
     any existing authorities that Federal agencies have for 
     withholding retirement pay for such convicted Federal 
     civilian employees; and
       (B) recommendations to amend the current legal structure to 
     allow Federal agencies to withhold retirement pay for Federal 
     civilian employees convicted of financial crimes against 
     their employing Federal agencies.
                                 ______