,,ii #aahth ,,congress #ast ,session ,s4 #biac ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bf 7legislative day1 ,september #bb71 #bjbc,mr4 ,daines introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to deny ,federal retirement benefits to individuals convicted of child sex abuse4 #a4 ,short title ,this ,act may be cited as the ,denying ,pensions to ,convicted ,child ,molesters ,act of #bjbc4 #b4 ,denial of retirement benefits 7a7 ,in general ,subchapter ,,ii of chapter #hc of title #e1 ,united ,states ,code1 is amended by inserting after section #hcab the following3 #hcab;a4 ,convicted child molesters 7a7 ,prohibition 7#a7 ,in general ,an individual1 or a survivor or beneficiary of an individual1 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 pay1 subject to the exceptions in sections #hcaa7b7 and 7#c7 of this title and subsections 7d7 and 7e7 of this section1 if the individual is convicted of an offense-- 7,a7 within the purview of section #bbda7;c71 section #bbdc7;a71 or paragraph 7#c7 or 7#e7 of section #bbdd7;a7 of title #ah2 and 7,b7 for which the conduct constituting the offense is committed on or after the date of enactment of this section1 which shall include any offense that includes conduct that continued on or after such date of enactment4 7#b7 ,notice ,if an individual entitled to an annuity or retired pay is convicted of an offense described in paragraph 7#a71 the ,attorney ,general shall notify the head of the agency administering the annuity or retired pay of the individual4 7b7 ,foreign offenses 7#a7 ,in general ,for purposes of subsection 7a71 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-- 7,a7 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 7a77#a71 had such conduct taken place within the ,united ,states1 and that such conviction is not being appealed or that final action has been taken on such appeal2 7,b7 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 ,constitution1 and such conviction was based upon evidence which would have been admissible in the courts of the ,united ,states2 and 7,c7 that such conduct occurred after the date of enactment of this section1 which shall include any offense that includes conduct that continued on or after such date of enactment4 7#b7 ,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 concerned1 or his or her attorney1 alleging that a condition set forth in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a71 as certified by the ,attorney ,general1 has not been satisfied in his or her particular circumstances4 ,should the court determine that any of these conditions has not been satisfied in such case1 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 concerned4 7c7 ,absence from the ,united ,states ,to avoid prosecution 7#a7 ,in general ,an individual1 or a survivor or beneficiary of an individual1 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 pay1 subject to the exceptions in sections #hcaa7b7 and 7#c7 of this title1 if the individual-- 7,a7 is under indictment for an offense described in subsection 7a72 and 7,b7 willfully remains outside the ,united ,states1 or its territories and possessions including the ,commonwealth of ,puerto ,rico1 for more than #a year with knowledge of the indictment4 7#b7 ,period ,the prohibition on payment of annuity or retired pay under paragraph 7#a7 applies during the period-- 7,a7 beginning on the day after the end of the #a-year period described in paragraph 7#a72 and 7,b7 ending on the date on which-- 7i7 a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority2 7ii7 the individual returns and thereafter the indictment or charges is or are dismissed2 or 7iii7 after trial by court or court-martial1 the accused is found not guilty of the offense or offenses4 7d7 ,pardons 7#a7 ,restoration of annuity or retired pay ,if an individual who forfeits an annuity or retired pay under this section is pardoned by the ,president1 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 pardon4 7#b7 ,limitation ,payment of annuity or retired pay which is restored under paragraph 7#a7 based on pardon by the ,president may not be made for a period before the date of pardon4 7e7 ,payments to victims 7#a7 ,in general ,notwithstanding section #hcdf7;a71 section #hdgj7;a71 or any other provision of law exempting an annuity or retired pay from execution1 levy1 attachment1 garnishment1 or other legal process1 if the annuity or retired pay of an individual is subject to forfeiture under this section1 the head of the agency administering the annuity or retired pay shall pay1 from amounts that would have been used to pay the annuity or retired pay1 amounts to a victim of an offense described in subsection 7a7 committed by the individual if and to the extent payment of such amounts is expressly provided for in-- 7,a7 any court order of restitution to or similar compensation of the victim2 or 7,b7 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 offense4 7#b7 ,maximum amount ,the total amount paid to a victim under paragraph 7#a7 shall not exceed the amount that is subject to forfeiture under this section4 7#c7 ,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 #hcaf to the extent the amount of such contributions or deposits are paid to a victim under paragraph 7#a74 4 7b7 ,nonaccrual of interest on refunds ,section #hcaf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting under section #hcab;a or before because an individual2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking or at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting or2 and 7,c7 by adding at the end the following3 7#c7 if the individual is convicted of an offense described in section #hcab;a7a71 for the period after the conviction4 4 7c7 ,conforming amendment ,the table of sections for chapter #hc of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #hcab the following3 #hcab;a4 ,convicted child molesters4 4