[Congressional Record Volume 170, Number 119 (Tuesday, July 23, 2024)]
[Senate]
[Page S5204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2921. Mr. DAINES 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 end of subtitle H of title X, add the following:
SEC. 1095. 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 sections 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 sections 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).
``(f) Spouse or Children Exception.--
``(1) In general.--The Director of the Office of Personnel
Management shall prescribe regulations that may provide for
the payment to the spouse or children of an individual who
forfeits an annuity or retired pay under this section of any
amounts which (but for this subsection) would otherwise have
been nonpayable by reason of this section.
``(2) Scope.--The regulations prescribed under paragraph
(1) shall be consistent with the requirements of section
8332(o)(5) and 8411(l)(5), as applicable.''.
(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.''.
______