S.Amdt. 2205

SA 2205. Mr. COTTON submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title XI, insert the following:

SEC. 11__. PROHIBITION ON PAYMENT OF ANNUITY TO DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES CONVICTED OF CERTAIN
OFFENSES; REPORT.

(a) In General.--Subchapter II of chapter 83 of title 5,
United States Code, is amended by inserting after section
8312 the following new section:

[[Page S4496]]

``Sec. 8312a. Conviction of Department of Defense civilian
employees of certain offenses

``(a) In General.--An individual, or a survivor or
beneficiary of an individual, may not be paid annuity on the
basis of the service of the individual as a civilian employee
of the Department of Defense which is creditable toward the
annuity if--
``(1) the individual was convicted of any offense against
the Department of Defense under chapter 11 (relating to
bribery, graft, and conflicts of interest), chapter 31
(relating to embezzlement and theft), or chapter 47 (relating
to fraud) of title 18;
``(2) the offense involved an amount of not less than
$10,000; and
``(3) the unlawful act that is the basis for the conviction
was committed--
``(A) on or after the date of enactment of this section,
including conduct that continued on or after such date; and
``(B) in connection with the individual's service.
``(b) Certification.--For a case described in subsection
(a), the Attorney General, in coordination with the Secretary
of Defense, shall certify to the agency paying the annuity of
the individual concerned that--
``(1) the individual was convicted as described in such
subsection and payment of annuity is barred; and
``(2) the due process rights of the individual were upheld
during the proceeding that resulted in the conviction.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 83 of such title is amended by inserting
after the item relating to section 8312 the following new
item:

``8312a. Conviction of Department of Defense civilian employees of
certain offenses.''.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
outlining the feasibility and advisability of applying
section 8312a of title 5, United States Code, as added by
subsection (a), to all civilian employees of the Federal
Government.
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