II 

117TH CONGRESS 

1ST SESSION S. 2987 

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 

OCTOBER 18, 2021 

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. 

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 ‘‘Denying Pensions to 

5 Convicted Child Molesters Act of 2021’’. 

6 SEC. 2. DENIAL OF RETIREMENT BENEFITS. 

7 (a) IN GENERAL.—Subchapter II of chapter 83 of 

8 title 5, United States Code, is amended by inserting after 

9 section 8312 the following: 


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1 ‘‘§ 8312a. Convicted child molesters 

2 ‘‘(a) PROHIBITION.— 

3 ‘‘(1) IN GENERAL.—An individual, or a survivor 

4 or beneficiary of an individual, may not be paid an5 nuity or retired pay on the basis of the service of the 

6 individual which is creditable toward the annuity or 

7 retired pay, subject to the exceptions in section 

8 8311(2) and (3) of this title and subsections (d) and 

9 (e) of this section, if the individual is convicted of 

10 an offense— 

11 ‘‘(A) within the purview of section 2241(c), 

12 section 2243(a), or paragraph (3) or (5) of sec13 tion 2244(a) of title 18; and 

14 ‘‘(B) for which the conduct constituting 

15 the offense is committed on or after the date of 

16 enactment of this section, which shall include 

17 any offense that includes conduct that contin18 ued on or after such date of enactment. 

19 ‘‘(2) NOTICE.—If an individual entitled to an 

20 annuity or retired pay is convicted of an offense de21 scribed in paragraph (1), the Attorney General shall 

22 notify the head of the agency administering the an23 nuity or retired pay of the individual. 

24 ‘‘(b) FOREIGN OFFENSES.— 

25 ‘‘(1) IN GENERAL.—For purposes of subsection 

26 (a), a conviction of an offense within the meaning of 


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1 such subsection may be established if the Attorney 

2 General certifies to the agency administering the an3 nuity or retired pay concerned— 

4 ‘‘(A) that an individual has been convicted 

5 by an impartial court of appropriate jurisdiction 

6 within a foreign country in circumstances in 

7 which the conduct would constitute an offense 

8 described in subsection (a)(1), had such con9 duct taken place within the United States, and 

10 that such conviction is not being appealed or 

11 that final action has been taken on such appeal; 

12 ‘‘(B) that such conviction was obtained in 

13 accordance with procedures that provided the 

14 defendant due process rights comparable to 

15 such rights provided by the United States Con16 stitution, and such conviction was based upon 

17 evidence which would have been admissible in 

18 the courts of the United States; and 

19 ‘‘(C) that such conduct occurred after the 

20 date of enactment of this section, which shall 

21 include any offense that includes conduct that 

22 continued on or after such date of enactment. 

23 ‘‘(2) REVIEW.—Any certification made pursu24 ant to this subsection shall be subject to review by 

25 the United States Court of Federal Claims based 


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1 upon the application of the individual concerned, or 

2 his or her attorney, alleging that a condition set 

3 forth in subparagraph (A), (B), or (C) of paragraph 

4 (1), as certified by the Attorney General, has not 

5 been satisfied in his or her particular circumstances. 

6 Should the court determine that any of these condi7 tions has not been satisfied in such case, the court 

8 shall order any annuity or retirement benefit to 

9 which the individual concerned is entitled to be re10 stored and shall order that any payments which may 

11 have been previously denied or withheld to be paid 

12 by the department or agency concerned. 

13 ‘‘(c) ABSENCE FROM THE UNITED STATES TO

14 AVOID PROSECUTION.— 

15 ‘‘(1) IN GENERAL.—An individual, or a survivor 

16 or beneficiary of an individual, may not be paid an17 nuity or retired pay on the basis of the service of the 

18 individual in any position as an officer or employee 

19 of the Federal Government which is creditable to20 ward the annuity or retired pay, subject to the ex21 ceptions in section 8311(2) and (3) of this title, if 

22 the individual— 

23 ‘‘(A) is under indictment for an offense de24 scribed in subsection (a); and 


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1 ‘‘(B) willfully remains outside the United 

2 States, or its territories and possessions includ3 ing the Commonwealth of Puerto Rico, for more 

4 than 1 year with knowledge of the indictment. 

5 ‘‘(2) PERIOD.—The prohibition on payment of 

6 annuity or retired pay under paragraph (1) applies 

7 during the period— 

8 ‘‘(A) beginning on the day after the end of 

9 the 1-year period described in paragraph (1); 

10 and 

11 ‘‘(B) ending on the date on which— 

12 ‘‘(i) a nolle prosequi to the entire in13 dictment is entered on the record or the 

14 charges are dismissed by competent au15 thority; 

16 ‘‘(ii) the individual returns and there17 after the indictment or charges is or are 

18 dismissed; or 

19 ‘‘(iii) after trial by court or court-mar20 tial, the accused is found not guilty of the 

21 offense or offenses. 

22 ‘‘(d) PARDONS.— 

23 ‘‘(1) RESTORATION OF ANNUITY OR RETIRED

24 PAY.—If an individual who forfeits an annuity or re25 tired pay under this section is pardoned by the 


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1 President, the right of the individual and a survivor 

2 or beneficiary of the individual to receive annuity or 

3 retired pay previously denied under this section is 

4 restored as of the date of the pardon. 

5 ‘‘(2) LIMITATION.—Payment of annuity or re6 tired pay which is restored under paragraph (1) 

7 based on pardon by the President may not be made 

8 for a period before the date of pardon. 

9 ‘‘(e) PAYMENTS TO VICTIMS.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding section 

11 8346(a), section 8470(a), or any other provision of 

12 law exempting an annuity or retired pay from execu13 tion, levy, attachment, garnishment, or other legal 

14 process, if the annuity or retired pay of an indi15 vidual is subject to forfeiture under this section, the 

16 head of the agency administering the annuity or re17 tired pay shall pay, from amounts that would have 

18 been used to pay the annuity or retired pay, 

19 amounts to a victim of an offense described in sub20 section (a) committed by the individual if and to the 

21 extent payment of such amounts is expressly pro22 vided for in— 

23 ‘‘(A) any court order of restitution to or 

24 similar compensation of the victim; or 


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1 ‘‘(B) any court order or other similar proc2 ess in the nature of garnishment for the en3 forcement of a judgment rendered against such 

4 individual relating to the offense or the course 

5 of conduct constituting the offense. 

6 ‘‘(2) MAXIMUM AMOUNT.—The total amount 

7 paid to a victim under paragraph (1) shall not ex8 ceed the amount that is subject to forfeiture under 

9 this section. 

10 ‘‘(3) LIMIT ON REFUNDS.—Contributions and 

11 deposits by an individual whose annuity or retired 

12 pay is subject to forfeiture under this section shall 

13 not be refunded under section 8316 to the extent the 

14 amount of such contributions or deposits are paid to 

15 a victim under paragraph (1).’’. 

16 (b) NONACCRUAL OF INTEREST ON REFUNDS.—Sec17 tion 8316 of title 5, United States Code, is amended— 

18 (1) in subsection (a), in the matter preceding 

19 paragraph (1), by inserting ‘‘under section 8312a 

20 or’’ before ‘‘because an individual’’; and 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘or’’ at 

23 the end; 

24 (B) in paragraph (2), by striking the pe25 riod at the end and inserting ‘‘or’’; and 


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1 (C) by adding at the end the following: 

2 ‘‘(3) if the individual is convicted of an offense 

3 described in section 8312a(a), for the period after 

4 the conviction.’’. 

5 (c) CONFORMING AMENDMENT.—The table of sec6 tions for chapter 83 of title 5, United States Code, is 

7 amended by inserting after the item relating to section 

8 8312 the following: 

‘‘8312a. Convicted child molesters.’’. 

Æ 


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