II 112th CONGRESS 1st Session S. 1261 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.

1.

Short title

This Act may be cited as the Congressional Integrity and Pension Forfeiture Act of 2011.

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.

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). .