S.Amdt. 2305

SA 2305. 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, insert the following:

SEC. __. REPORT ON PENALTIES AVAILABLE FOR FEDERAL CIVILIAN
EMPLOYEES CONVICTED OF CERTAIN FINANCIAL
CRIMES.

(a) Definitions.--In this section:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(2) Federal civilian employee.--The term ``Federal civilian
employee'' means an employee of a Federal agency who is not a
member of the armed forces, as defined in section 2101 of
title 5, United States Code.
(b) Findings.--Congress finds the following:
(1) Federal civilian employees who are convicted of
significant financial crimes against their employing agency
are still eligible to receive their full retirement benefits
under current law.
(2) Military.com reported in January 2024 that a Federal
civilian employee of the

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Army was accused of stealing $100 million from the Army, and,
if convicted, the individual will still receive full
retirement benefits.
(c) Sense of Congress.--It is the sense of Congress that
the Department of Defense should be allowed to withhold
retirement pay for criminals who are convicted of financial
crimes committed directly against the Department of Defense,
just as servicemembers do not receive retirement pay if they
receive a punitive discharge at court-martial.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary of Homeland
Security, in coordination with the Secretary of Defense,
shall submit to the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of
the Senate a report outlining penalties and legal recourse
available for cases in which a Federal civilian employee is
convicted of a significant financial crime against the
Federal agency employing the individual.
(2) Contents.--The report shall include--
(A) a description of current law surrounding such cases and
any existing authorities that Federal agencies have for
withholding retirement pay for such convicted Federal
civilian employees; and
(B) recommendations to amend the current legal structure to
allow Federal agencies to withhold retirement pay for Federal
civilian employees convicted of financial crimes against
their employing Federal agencies.
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