Congressional Integrity and Pension Forfeiture Act of 2011 - Extends provisions requiring forfeiture of pension benefits under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to the President, Vice President, or an elected state or local government official, in addition to Members of Congress, upon conviction of a serious public corruption crime. Expands the list of such crimes that would require a pension forfeiture.
[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>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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