S2913-118

1. Short title This Act may be cited as the Denying Pensions to Convicted Child Molesters Act of 2023.

2. Denial of retirement benefits Subchapter II of chapter 83 of title 5, United States Code, is amended by inserting after section 8312 the following: 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— within the purview of section 2241(c), section 2243(a), or paragraph (3) or (5) of section 2244(a) of title 18; and 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. 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. 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— 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; 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 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. 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. 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— is under indictment for an offense described in subsection (a); and 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. The prohibition on payment of annuity or retired pay under paragraph (1) applies during the period— beginning on the day after the end of the 1-year period described in paragraph (1); and ending on the date on which— a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; the individual returns and thereafter the indictment or charges is or are dismissed; or after trial by court or court-martial, the accused is found not guilty of the offense or offenses. 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. 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. 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— any court order of restitution to or similar compensation of the victim; or 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. The total amount paid to a victim under paragraph (1) shall not exceed the amount that is subject to forfeiture under this section. 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). Section 8316 of title 5, United States Code, is amended— in subsection (a), in the matter preceding paragraph (1), by inserting under section 8312a or before because an individual; and in subsection (b)— in paragraph (1), by striking or at the end; in paragraph (2), by striking the period at the end and inserting or; and by adding at the end the following: if the individual is convicted of an offense described in section 8312a(a), for the period after the conviction. 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(a)Prohibition(1)In generalAn 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)NoticeIf 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 generalFor 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)ReviewAny 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 generalAn 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)PeriodThe 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 payIf 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)LimitationPayment 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 generalNotwithstanding 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 amountThe 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 refundsContributions 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).. (3)if the individual is convicted of an offense described in section 8312a(a), for the period after the conviction.. 8312a. Convicted child molesters..

8312a. Convicted child molesters 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— within the purview of section 2241(c), section 2243(a), or paragraph (3) or (5) of section 2244(a) of title 18; and 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. 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. 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— 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; 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 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. 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. 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— is under indictment for an offense described in subsection (a); and 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. The prohibition on payment of annuity or retired pay under paragraph (1) applies during the period— beginning on the day after the end of the 1-year period described in paragraph (1); and ending on the date on which— a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; the individual returns and thereafter the indictment or charges is or are dismissed; or after trial by court or court-martial, the accused is found not guilty of the offense or offenses. 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. 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. 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— any court order of restitution to or similar compensation of the victim; or 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. The total amount paid to a victim under paragraph (1) shall not exceed the amount that is subject to forfeiture under this section. 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).