[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2913 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2913
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
September 26 (legislative day, September 22), 2023
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 2023''.
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 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).''.
(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.''.
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