[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.''.
                                 ______