[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1261 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1261

   To amend title 5, United States Code, to deny retirement benefits 
accrued by an individual as a Member of Congress if such individual is 
                     convicted of certain offenses.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2011

 Mr. Kirk (for himself, Mr. Blumenthal, and Mr. Heller) 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 deny retirement benefits 
accrued by an individual as a Member of Congress if such individual is 
                     convicted of certain offenses.

    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 ``Congressional Integrity and Pension 
Forfeiture Act of 2011''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) Members of Congress pledge to uphold the Constitution 
        and the laws of the United States;
            (2) Members of Congress and other elected government 
        officials are elected to serve in, and pledge to uphold, the 
        public trust;
            (3) a breach of the public trust by a Member of Congress or 
        other elected government official is a serious offense that 
        should have serious consequences; and
            (4) taxpayers should not pay for the congressional 
        retirement benefits of present or former Members of Congress 
        who have been convicted of a felony committed while serving as 
        an elected government official.

SEC. 3. APPLICATION TO OTHER ELECTED OFFICIALS AND CRIMINAL OFFENSES.

    (a) Application to Other Elected Officials.--
            (1) Civil service retirement system.--Section 8332(o)(2)(A) 
        of title 5, United States Code, is amended--
                    (A) in clause (i), by inserting ``, the President, 
                the Vice President, or an elected official of a State 
                or local government'' after ``Member''; and
                    (B) in clause (ii), by inserting ``, the President, 
                the Vice President, or an elected official of a State 
                or local government'' after ``Member''.
            (2) Federal employees retirement system.--Section 
        8411(l)(2) of title 5, United States Code, is amended--
                    (A) in subparagraph (A), by inserting ``, the 
                President, the Vice President, or an elected official 
                of a State or local government'' after ``Member''; and
                    (B) in subparagraph (B), by inserting ``, the 
                President, the Vice President, or an elected official 
                of a State or local government'' after ``Member''.
    (b) Criminal Offenses.--Section 8332(o)(2) of title 5, United 
States Code, is amended--
            (1) in subparagraph (A), by striking clause (iii) and 
        inserting the following:
                            ``(iii) The offense--
                                    ``(I) is committed after the date 
                                of enactment of this subsection and--
                                            ``(aa) is described under 
                                        subparagraph (B)(i), (iv), 
                                        (xvi), (xix), (xxiii), (xxiv), 
                                        or (xxvi); or
                                            ``(bb) is described under 
                                        subparagraph (B)(xxvii) or 
                                        (xxviii), but only with respect 
                                        to an offense described under 
                                        subparagraph (B)(i), (iv), 
                                        (xvi), (xix), (xxiii), (xxiv), 
                                        or (xxvi); or
                                    ``(II) is committed after the date 
                                of enactment of the Congressional 
                                Integrity and Pension Forfeiture Act of 
                                2011 and--
                                            ``(aa) is described under 
                                        subparagraph (B)(ii), (iii), 
                                        (v), (vi), (vii), (viii), (ix), 
                                        (x), (xi), (xii), (xiii), 
                                        (xiv), (xv), (xvii), (xviii), 
                                        (xx), (xxi), (xxii), or (xxv); 
                                        or
                                            ``(bb) is described under 
                                        subparagraph (B)(xxvii) or 
                                        (xxviii), but only with respect 
                                        to an offense described under 
                                        subparagraph (B)(ii), (iii), 
                                        (v), (vi), (vii), (viii), (ix), 
                                        (x), (xi), (xii), (xiii), 
                                        (xiv), (xv), (xvii), (xviii), 
                                        (xx), (xxi), (xxii), or 
                                        (xxv).''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
                    ``(B) An offense described in this subparagraph is 
                only the following, and only to the extent that the 
                offense is a felony:
                            ``(i) An offense under section 201 of title 
                        18 (relating to bribery of public officials and 
                        witnesses).
                            ``(ii) An offense under section 203 of 
                        title 18 (relating to compensation to Member of 
                        Congress, officers, and others in matters 
                        affecting the Government).
                            ``(iii) An offense under section 204 of 
                        title 18 (relating to practice in the United 
                        States Court of Federal Claims or the Unites 
                        States Court of Appeals for the Federal Circuit 
                        by Member of Congress).
                            ``(iv) An offense under section 219 of 
                        title 18 (relating to officers and employees 
                        acting as agents of foreign principals).
                            ``(v) An offense under section 286 of title 
                        18 (relating to conspiracy to defraud the 
                        Government with respect to claims).
                            ``(vi) An offense under section 287 of 
                        title 18 (relating to false, fictitious or 
                        fraudulent claims).
                            ``(vii) An offense under section 597 of 
                        title 18 (relating to expenditures to influence 
                        voting).
                            ``(viii) An offense under section 599 of 
                        title 18 (relating to promise of appointment by 
                        candidate).
                            ``(ix) An offense under section 602 of 
                        title 18 (relating to solicitation of political 
                        contributions).
                            ``(x) An offense under section 606 of title 
                        18 (relating to intimidation to secure 
                        political contributions).
                            ``(xi) An offense under section 607 of 
                        title 18 (relating to place of solicitation).
                            ``(xii) An offense under section 641 of 
                        title 18 (relating to public money, property or 
                        records).
                            ``(xiii) An offense under section 666 of 
                        title 18 (relating to theft or bribery 
                        concerning programs receiving Federal funds).
                            ``(xiv) An offense under section 1001 of 
                        title 18 (relating to statements or entries 
                        generally).
                            ``(xv) An offense under section 1341 of 
                        title 18 (relating to frauds and swindles, 
                        including as part of a scheme to deprive 
                        citizens of honest services thereby).
                            ``(xvi) An offense under section 1343 of 
                        title 18 (relating to fraud by wire, radio, or 
                        television, including as part of a scheme to 
                        deprive citizens of honest services thereby).
                            ``(xvii) An offense under section 1503 of 
                        title 18 (relating to influencing or injuring 
                        officer or juror).
                            ``(xviii) An offense under section 1505 of 
                        title 18 (relating to obstruction of 
                        proceedings before departments, agencies, and 
                        committees).
                            ``(xix) An offense under section 1512 of 
                        title 18 (relating to tampering with a witness, 
                        victim, or an informant).
                            ``(xx) An offense under section 1951 of 
                        title 18 (relating to interference with 
                        commerce by threats of violence).
                            ``(xxi) An offense under section 1952 of 
                        title 18 (relating to interstate and foreign 
                        travel or transportation in aid of racketeering 
                        enterprises).
                            ``(xxii) An offense under section 1956 of 
                        title 18 (relating to laundering of monetary 
                        instruments).
                            ``(xxiii) An offense under section 1957 of 
                        title 18 (relating to engaging in monetary 
                        transactions in property derived from specified 
                        unlawful activity).
                            ``(xxiv) An offense under chapter 96 of 
                        title 18 (relating to racketeer influenced and 
                        corrupt organizations).
                            ``(xxv) An offense under section 7201 of 
                        the Internal Revenue Code of 1986 (relating to 
                        attempt to evade or defeat tax).
                            ``(xxvi) An offense under section 104(a) of 
                        the Foreign Corrupt Practices Act of 1977 
                        (relating to prohibited foreign trade practices 
                        by domestic concerns).
                            ``(xxvii) An offense under section 371 of 
                        title 18 (relating to conspiracy to commit 
                        offense or to defraud United States), to the 
                        extent of any conspiracy to commit an act which 
                        constitutes--
                                    ``(I) an offense under clause (i), 
                                (ii), (iii), (iv), (v), (vi), (vii), 
                                (viii), (ix), (x), (xi), (xii), (xiii), 
                                (xiv), (xv), (xvi), (xvii), (xviii), 
                                (xix), (xx), (xxi), (xxii), (xxiii), 
                                (xxiv), (xxv), or (xxvi); or
                                    ``(II) an offense under section 207 
                                of title 18 (relating to restrictions 
                                on former officers, employees, and 
                                elected officials of the executive and 
                                legislative branches).
                            ``(xxviii) Perjury committed under section 
                        1621 of title 18 in falsely denying the 
                        commission of an act which constitutes--
                                    ``(I) an offense under clause (i), 
                                (ii), (iii), (iv), (v), (vi), (vii), 
                                (viii), (ix), (x), (xi), (xii), (xiii), 
                                (xiv), (xv), (xvi), (xvii), (xviii), 
                                (xix), (xx), (xxi), (xxii), (xxiii), 
                                (xxiv), (xxv), or (xxvi); or
                                    ``(II) an offense under clause 
                                (xxvii), to the extent provided in such 
                                clause.
                            ``(xxix) Subornation of perjury committed 
                        under section 1622 of title 18 in connection 
                        with the false denial or false testimony of 
                        another individual as specified in clause 
                        (xxviii).''.
                                 <all>