No Taxpayer-Funded Pensions for Sex Criminals Act

#4321 | S Congress #118

Subjects:

Last Action: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (5/14/2024)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "No Taxpayer-Funded Pensions for Sex Criminals Act" aims to amend title 5, United States Code, by prohibiting the payment of annuities and retired pay to individuals convicted of certain sex crimes. This bill specifies that the prohibition extends to offenses committed on or after the date of enactment of the Act. It also defines the term "State" to include all 50 states, as well as territories and other jurisdictions. The bill outlines a list of offenses to which the prohibition applies and includes technical and conforming amendments to relevant sections in the code. It also states that the Act shall apply to offenses committed on or after the date of enactment.

Possible Impacts



1. People who are convicted of certain sex crimes will no longer be eligible to receive annuities and retired pay from the government. This could have a significant impact on their financial stability and future plans.
2. The legislation allows for the forfeiture of annuities and retired pay even if the individual was convicted after they retired or after the enactment of the Act. This could affect retired individuals who may have committed a sex crime after leaving their government job.
3. The Act applies to offenses committed in any state or territory of the United States, meaning that individuals who commit sex crimes in certain states or territories may face the loss of their annuities and retired pay, while those in other states or territories may not. This could lead to discrepancies and inequalities in the application of the law.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4321 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Taxpayer-Funded Pensions for Sex 
Criminals Act''.

SEC. 2. FORFEITURE OF ANNUITIES AND RETIRED PAY FOR CONVICTION OF SEX 
              CRIMES.

    (a) In General.--Section 8312 of title 5, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``The'' and inserting the 
                following:
    ``(2) The'';
                    (B) in paragraph (2), as so designated--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(C) with respect to the offenses named by subsection (d) 
        of this section, to the period after the date of conviction or 
        after the date of enactment of the No Taxpayer-Funded Pensions 
        for Sex Criminals Act, whichever is later.''; and
                    (C) in the matter preceding paragraph (2), as so 
                designated--
                            (i) by redesignating paragraphs (1) and (2) 
                        as subparagraphs (A) and (B);
                            (ii) in subparagraph (A), as so 
                        redesignated, by striking ``or'' at the end;
                            (iii) in subparagraph (B), as so 
                        redesignated, by striking the period at the end 
                        and inserting ``; or'';
                            (iv) by adding after subparagraph (B) the 
                        following:
            ``(C) was convicted on or after the date of enactment of 
        the No Taxpayer-Funded Pensions for Sex Criminals Act of an 
        offense named by subsection (d) of this section, to the extent 
        provided by that subsection.''; and
                            (v) by striking ``(a) An'' and inserting 
                        the following:
    ``(a)(1) An''; and
            (2) by redesignating (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d)(1) In this subsection, the term `State' means--
            ``(A) each of the several States of the United States;
            ``(B) the District of Columbia;
            ``(C) the Commonwealth of Puerto Rico;
            ``(D) Guam;
            ``(E) American Samoa;
            ``(F) the Commonwealth of the Northern Mariana Islands;
            ``(G) the Federated States of Micronesia;
            ``(H) the Republic of the Marshall Islands;
            ``(I) the Republic of Palau; and
            ``(J) the United States Virgin Islands.
    ``(2) The following are offenses to which subsection (a) of this 
section applies if the individual was convicted on or after the date of 
enactment of the No Taxpayer-Funded Pensions for Sex Criminals Act:
            ``(A) Sections 2241, 2242, 2243, 2251, 2251A, 2252, 2252A, 
        2252B, 2252C, 2421, 2421A, 2422, 2423, 2424, and 2425 of title 
        18.
            ``(B) An offense under State law consisting of conduct that 
        would be an offense under a chapter referred to in subparagraph 
        (A) if the conduct had occurred within the special maritime and 
        territorial jurisdiction of the United States.''; and
            (4) in subsection (e), as so redesignated, by striking 
        ``subsections (b)(1) and (c)(1)'' each place the term appears 
        and inserting ``subsections (b)(1), (c)(1), and (d)''.
    (b) Technical and Conforming Amendments.--
            (1) Title 5, United States Code, is amended--
                    (A) in section 5569(d)(3)(B), by striking 
                ``subsection (b) or (c)'' and inserting ``subsection 
                (b), (c), or (d)'';
                    (B) in section 8311, by striking ``subsection (c)'' 
                each place the term appears and inserting ``subsection 
                (c) or (d)'';
                    (C) in section 8313(a)(1)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking 
                        ``and'' at the end and inserting ``or''; and
                            (iii) by adding at the end the following:
                    ``(C) after the date of enactment of the No 
                Taxpayer-Funded Pensions for Sex Criminals Act, for an 
                offense named by section 8312(d) of this title; and'';
                    (D) in section 8315(a)--
                            (i) in paragraph (1)(C), by striking ``or'' 
                        at the end;
                            (ii) in paragraph (2), by striking the 
                        semicolon and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(3) before, on, or after the date of enactment of the No 
        Taxpayer-Funded Pensions for Sex Criminals Act, concerning his 
        conviction of an offense named by subsection (d) of section 
        8312 of this title, to the extent provided by that 
        subsection;''; and
                    (E) in section 8316(b)--
                            (i) in paragraph (1), by striking ``or'' at 
                        the end;
                            (ii) in paragraph (2), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(3) if the individual was convicted of an offense named 
        by section 8312(d) of this title, or violated section 
        8315(a)(3) of this title, for the period after the conviction 
        or commission of the violation, or after the date of enactment 
        of No Taxpayer-Funded Pensions for Sex Criminals Act, whichever 
        is later.''.
            (2) Section 559(c)(3)(A)(ii)(I) of title 37, United States 
        Code, is amended by striking ``subsection (b) or (c)'' and 
        inserting ``subsection (b), (c), or (d)''.

SEC. 3. APPLICABILITY.

    The amendments made by this Act shall apply to offenses described 
effective for crimes occurring on or after the date of enactment of 
this Act.
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