S.Amdt. 3740

This amendment, submitted by Mr. Daines, aims to add a new section to the law titled "Convicted child molesters" to deny retirement benefits to specific individuals.

The amendment proposes the following changes and additions:

• Denial of Benefits: It prohibits the payment of annuity or retired pay to individuals, survivors, or beneficiaries if the individual is convicted of specific offenses listed under title 18, provided the conduct occurred on or after the date the section is enacted.
• Foreign Convictions: Retirement pay can be denied for convictions in foreign countries if the Attorney General certifies that the conduct would be an offense in the U.S., the defendant had due process rights comparable to the U.S. Constitution, and the conduct occurred after the enactment date.
• Avoiding Prosecution: Benefits may be denied if an individual is under indictment for these offenses and willfully stays outside the U.S. and its territories for more than one year.
• Payments to Victims: The amendment allows the agency administering the retirement pay to use the forfeited funds to pay victims, as provided by court orders for restitution or garnishment.
• Exceptions and Restorations:
  • Pardons: Benefits are restored starting from the date of a Presidential pardon.
  • Family: The Director of the Office of Personnel Management may create regulations to allow payments to the spouse or children of the individual.
• Interest and Refunds: It amends the law to ensure interest does not accrue on refunds for individuals convicted under this section.