5 U.S.C. § 8313: Absence from the United States to avoid prosecution

after July 31, 1956 , for an offense named by section 8312(b) of this title ; or after September 26, 1961 , for an offense named by section 8312(c) of this title ; and willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be. a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; the individual returns and thereafter the indictment or charges is or are dismissed; or after trial by court or court-martial, the accused is found not guilty of the offense or offenses. The Secretary of Defense shall develop uniform procedures under which the Secretary of a military department may suspend the payment of the retired pay of a member or former member of the Armed Forces during periods in which the member willfully remains outside the United States to avoid criminal prosecution or civil liability. The procedures shall address the types of criminal offenses and civil proceedings for which the procedures may be used, including the offenses specified in section 8312 of title 5 , United States Code, and the manner by which a member, upon the return of the member to the United States, may obtain retired pay withheld during the member’s absence. The Secretary of Defense shall submit to Congress a report describing the procedures developed under subsection (a). The report shall include recommendations regarding changes to existing provisions of law (including section 8313 of title 5 , United States Code) that the Secretary determines are necessary to fully implement the procedures. For purposes of this section, the term ‘retired pay’ means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service. The uniform procedures required by subsection (a) shall be developed not later than 30 days after the date of the enactment of this Act [ Sept. 23, 1996 ].”