S.Amdt. 1498Senate112th Congress (2011-2013)2nd degree

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.

Submitted February 1, 2012

Legislative Activity

Stay on top of the latest movement without scrolling through every action

5 earlier actions
Floor Latest Action

Senate amendment agreed to: Amendment SA 1498 agreed to in Senate by Voice Vote.

February 2, 2012

View full timeline
Floor

Senate amendment agreed to: Amendment SA 1498 agreed to in Senate by Voice Vote.

February 2, 2012

Floor

Considered by Senate. (consideration: CR S291, S302)

February 2, 2012

Floor

Amendment SA 1498 agreed to in Senate by Voice Vote.

February 2, 2012

Floor

Senate amendment submitted

February 1, 2012

Floor

Senate amendment proposed (on the floor): Amendment SA 1498 proposed by Senator Blumenthal to Amendment SA 1470.(consideration: CR S239-240; text: CR S239-240)

February 1, 2012

Floor

Amendment SA 1498 proposed by Senator Blumenthal to Amendment SA 1470. (consideration: CR S239-240; text: CR S239-240) 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.

February 1, 2012

Text

Submitted

SA 1498. Mr. BLUMENTHAL (for himself and Mr. Kirk) submitted an
amendment intended to be proposed to amendment SA 1470 proposed by Mr.
Reid (for himself, Mr. Brown of Massachusetts, Mr. Lieberman, Ms.
Collins, Mrs. Gillibrand, Mr. Levin, and Mr.

[[Page S270]]

Franken) to the bill S. 2038, to prohibit Members of Congress and
employees of Congress from using nonpublic information derived from
their official positions for personal benefit, and for other purposes;
as follows:

At the appropriate place, insert the following:

SEC. __. 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)(xxix), (xxx), or
(xxxi), 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
STOCK Act 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), (xxv), (xxvii),
or (xxviii); or
``(bb) is described under subparagraph (B)(xxix), (xxx), or
(xxxi), 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), (xxv), (xxvii), or (xxviii).''; 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 10(b) of the Securities
Exchange Act of 1934 (relating to fraud, manipulation, or
insider trading of securities).
``(xxviii) An offense under section 4c(a) of the Commodity
Exchange Act (7 U.S.C. 6c(a)) (relating to fraud,
manipulation, or insider trading of commodities).
``(xxix) 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), (xxvi), (xxvii), or (xxviii); 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).

``(xxx) 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), (xxvi), (xxvii), or (xxviii); or
``(II) an offense under clause (xxix), to the extent
provided in such clause.

``(xxxi) 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
(xxx).''.
______