II 

118TH CONGRESS 

2D SESSION S. 4321 

To amend title 5, United States Code, to prohibit the payment of annuities 

and retired pay to individuals convicted of certain sex crimes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2024 

Ms. ERNST (for herself, Mrs. GILLIBRAND, Mr. KENNEDY, Mr. CRAPO, Mr. 

RISCH, Mr. SCOTT of Florida, Mrs. BLACKBURN, and Mr. RUBIO) 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 prohibit the payment of annuities and retired pay to individuals convicted 

of certain sex crimes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Taxpayer-Funded 

5 Pensions for Sex Criminals Act’’. 

6 SEC. 2. FORFEITURE OF ANNUITIES AND RETIRED PAY FOR 

7 CONVICTION OF SEX CRIMES. 

8 (a) IN GENERAL.—Section 8312 of title 5, United 

9 States Code, is amended— 


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1 (1) in subsection (a)— 

2 (A) by striking ‘‘The’’ and inserting the 

3 following: 

4 ‘‘(2) The’’; 

5 (B) in paragraph (2), as so designated— 

6 (i) in subparagraph (A), by striking 

7 ‘‘and’’ at the end; 

8 (ii) in subparagraph (B), by striking 

9 the period at the end and inserting ‘‘; 

10 and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(C) with respect to the offenses named by sub14 section (d) of this section, to the period after the 

15 date of conviction or after the date of enactment of 

16 the No Taxpayer-Funded Pensions for Sex Crimi17 nals Act, whichever is later.’’; and 

18 (C) in the matter preceding paragraph (2), 

19 as so designated— 

20 (i) by redesignating paragraphs (1) 

21 and (2) as subparagraphs (A) and (B); 

22 (ii) in subparagraph (A), as so redes23 ignated, by striking ‘‘or’’ at the end; 


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1 (iii) in subparagraph (B), as so redes2 ignated, by striking the period at the end 

3 and inserting ‘‘; or’’; 

4 (iv) by adding after subparagraph (B) 

5 the following: 

6 ‘‘(C) was convicted on or after the date of en7 actment of the No Taxpayer-Funded Pensions for 

8 Sex Criminals Act of an offense named by sub9 section (d) of this section, to the extent provided by 

10 that subsection.’’; and 

11 (v) by striking ‘‘(a) An’’ and inserting 

12 the following: 

13 ‘‘(a)(1) An’’; and 

14 (2) by redesignating (d) as subsection (e); 

15 (3) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d)(1) In this subsection, the term ‘State’ means— 

18 ‘‘(A) each of the several States of the United 

19 States; 

20 ‘‘(B) the District of Columbia; 

21 ‘‘(C) the Commonwealth of Puerto Rico; 

22 ‘‘(D) Guam; 

23 ‘‘(E) American Samoa; 

24 ‘‘(F) the Commonwealth of the Northern Mar25 iana Islands; 


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1 ‘‘(G) the Federated States of Micronesia; 

2 ‘‘(H) the Republic of the Marshall Islands; 

3 ‘‘(I) the Republic of Palau; and 

4 ‘‘(J) the United States Virgin Islands. 

5 ‘‘(2) The following are offenses to which subsection 

6 (a) of this section applies if the individual was convicted 

7 on or after the date of enactment of the No Taxpayer8 Funded Pensions for Sex Criminals Act: 

9 ‘‘(A) Sections 2241, 2242, 2243, 2251, 2251A, 

10 2252, 2252A, 2252B, 2252C, 2421, 2421A, 2422, 

11 2423, 2424, and 2425 of title 18. 

12 ‘‘(B) An offense under State law consisting of 

13 conduct that would be an offense under a chapter 

14 referred to in subparagraph (A) if the conduct had 

15 occurred within the special maritime and territorial 

16 jurisdiction of the United States.’’; and 

17 (4) in subsection (e), as so redesignated, by 

18 striking ‘‘subsections (b)(1) and (c)(1)’’ each place 

19 the term appears and inserting ‘‘subsections (b)(1), 

20 (c)(1), and (d)’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) Title 5, United States Code, is amended— 

23 (A) in section 5569(d)(3)(B), by striking 

24 ‘‘subsection (b) or (c)’’ and inserting ‘‘sub25 section (b), (c), or (d)’’; 


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1 (B) in section 8311, by striking ‘‘sub2 section (c)’’ each place the term appears and in3 serting ‘‘subsection (c) or (d)’’; 

4 (C) in section 8313(a)(1)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘or’’ at the end; 

7 (ii) in subparagraph (B), by striking 

8 ‘‘and’’ at the end and inserting ‘‘or’’; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(C) after the date of enactment of the No 

12 Taxpayer-Funded Pensions for Sex Criminals 

13 Act, for an offense named by section 8312(d) of 

14 this title; and’’; 

15 (D) in section 8315(a)— 

16 (i) in paragraph (1)(C), by striking 

17 ‘‘or’’ at the end; 

18 (ii) in paragraph (2), by striking the 

19 semicolon and inserting ‘‘; or’’; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(3) before, on, or after the date of enactment 

23 of the No Taxpayer-Funded Pensions for Sex Crimi24 nals Act, concerning his conviction of an offense 


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1 named by subsection (d) of section 8312 of this title, 

2 to the extent provided by that subsection;’’; and 

3 (E) in section 8316(b)— 

4 (i) in paragraph (1), by striking ‘‘or’’ 

5 at the end; 

6 (ii) in paragraph (2), by striking the 

7 period at the end and inserting ‘‘; or’’; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(3) if the individual was convicted of an of11 fense named by section 8312(d) of this title, or vio12 lated section 8315(a)(3) of this title, for the period 

13 after the conviction or commission of the violation, 

14 or after the date of enactment of No Taxpayer15 Funded Pensions for Sex Criminals Act, whichever 

16 is later.’’. 

17 (2) Section 559(c)(3)(A)(ii)(I) of title 37, 

18 United States Code, is amended by striking ‘‘sub19 section (b) or (c)’’ and inserting ‘‘subsection (b), (c), 

20 or (d)’’. 

21 SEC. 3. APPLICABILITY. 

22 The amendments made by this Act shall apply to of23 fenses described effective for crimes occurring on or after 

24 the date of enactment of this Act. 

Æ 


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