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S 49 ISRSCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 49CommentsClose CommentsPermalink

To help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 6, 2009CommentsClose CommentsPermalink

Mr. LEAHY (for himself and, Mr. CORNYN, and Mr. KAUFMAN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Public Corruption Prosecution Improvements Act’. CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES.

(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 3299A. Corruption offenses

‘Unless an indictment is returned or the information is filed against a person within 6 years after the commission of the offense, a person may not be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate the offense in-- CommentsClose CommentsPermalink





‘(1) section 201 or 666; CommentsClose CommentsPermalink





‘(2) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; CommentsClose CommentsPermalink





‘(3) section 1951, if the offense involves extortion under color of official right; CommentsClose CommentsPermalink





‘(4) section 1952, to the extent that the unlawful activity involves bribery; or CommentsClose CommentsPermalink





‘(5) section 1962, to the extent that the racketeering activity involves bribery chargeable under State law, involves a violation of section 201 or 666, section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official, or section 1951, if the offense involves extortion under color of official right.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘3299A. Corruption offenses.’. CommentsClose CommentsPermalink





(c) Application of Amendment- The amendments made by this section shall not apply to any offense committed before the date of enactment of this Act. CommentsClose CommentsPermalink

SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS.

Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ‘money or property’ and inserting ‘money, property, or any other thing of value’. CommentsClose CommentsPermalink

SEC. 4. VENUE FOR FEDERAL OFFENSES.

(a) In General- The second undesignated paragraph ofsection 3237(a) of title 18, United States Code, is amended by adding before the period at the end the following: ‘or in any district in which an act in furtherance of the offense is committed’. CommentsClose CommentsPermalink





(b) Section Heading- The heading forsection 3237 of title 18, United States Code, is amended to read as follows: CommentsClose CommentsPermalink

‘Sec. 3237. Offense taking place in more than one district’.

(c) Table of Sections- The table of sections at the beginning of chapter 211 of title 18, United States Code, is amended so that the item relating to section 3237 reads as follows: CommentsClose CommentsPermalink





‘3237. Offense taking place in more than one district.’. CommentsClose CommentsPermalink

SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE.

Section 666(a) of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1)(B), by-- CommentsClose CommentsPermalink





(A) striking ‘anything of value’ and inserting ‘any thing or things of value’; and CommentsClose CommentsPermalink





(B) striking ‘of $5,000 or more’ and inserting ‘of $1,000 or more’; CommentsClose CommentsPermalink





(2) by amending paragraph (2) to read as follows: CommentsClose CommentsPermalink





‘(2) corruptly gives, offers, or agrees to give any thing or things of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $1,000 or more;’; and CommentsClose CommentsPermalink





(3) in the matter following paragraph (2), by striking ‘ten years’ and inserting ‘15 years’. CommentsClose CommentsPermalink

SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.

Section 641 of title 18, United States Code, is amended by striking ‘ten years’ and inserting ‘15 years’. CommentsClose CommentsPermalink

SEC. 7. PENALTY FOR SECTION 201(b) VIOLATIONS.

Section 201(b) of title 18, United States Code, is amended by striking ‘fifteen years’ and inserting ‘20 years’. CommentsClose CommentsPermalink

SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION RELATED OFFENSES.

(a) Solicitation of Political Contributions-Section 602(a) of title 18, United States Code, is amended by striking ‘three years’ and inserting ‘10 years’. CommentsClose CommentsPermalink





(b) Promise of Employment for Political Activity-Section 600 of title 18, United States Code, is amended by striking ‘one year’ and inserting ‘10 years’. CommentsClose CommentsPermalink





(c) Deprivation of Employment for Political Activity-Section 601(a) of title 18, United States Code, is amended by striking ‘one year’ and inserting ‘10 years’. CommentsClose CommentsPermalink





(d) Intimidation To Secure Political Contributions-Section 606 of title 18, United States Code, is amended by striking ‘three years’ and inserting ‘10 years’. CommentsClose CommentsPermalink





(e) Solicitation and Acceptance of Contributions in Federal Offices-Section 607(a)(2) of title 18, United States Code, is amended by striking ‘3 years’ and inserting ‘10 years’. CommentsClose CommentsPermalink





(f) Coercion of Political Activity by Federal Employees-Section 610 of title 18, United States Code, is amended by striking ‘three years’ and inserting ‘10 years’. CommentsClose CommentsPermalink

SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE.

Section 641 of title 18, United States Code, is amended by inserting ‘the District of Columbia or’ before ‘the United States’ each place that term appears. CommentsClose CommentsPermalink

SEC. 10. ADDITIONAL RICO PREDICATES.

(a) In General-Section 1961(1) of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by inserting ‘section 641 (relating to embezzlement or theft of public money, property, or records),’ after ‘473 (relating to counterfeiting),’; and CommentsClose CommentsPermalink





(2) by inserting ‘section 666 (relating to theft or bribery concerning programs receiving Federal funds),’ after ‘section 664 (relating to embezzlement from pension and welfare funds),’. CommentsClose CommentsPermalink





(b) Conforming Amendments-Section 1956(c)(7)(D) of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘section 641 (relating to public money, property, or records),’; and CommentsClose CommentsPermalink





(2) by striking ‘section 666 (relating to theft or bribery concerning programs receiving Federal funds),’. CommentsClose CommentsPermalink

SEC. 11. ADDITIONAL WIRETAP PREDICATES.

Section 2516(1)(c) of title 18, United States Code, is amended by inserting ‘section 641 (relating to embezzlement or theft of public money, property, or records), section 666 (relating to theft or bribery concerning programs receiving Federal funds),’ after ‘section 224 (bribery in sporting contests),’. CommentsClose CommentsPermalink

SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

(a) Definition-Section 201(a) of title 18, United states Code, is amended-- CommentsClose CommentsPermalink





(1) in paragraph (2), by striking ‘and’ after the semicolon; CommentsClose CommentsPermalink





(2) in paragraph (3), by striking the period and inserting ‘; and’; and CommentsClose CommentsPermalink





(3) by inserting at the end the following: CommentsClose CommentsPermalink





‘(4) the term ‘rule or regulation’ means a federal regulation or a rule of the House of Representatives and the Senate, including those rules and regulations governing the acceptance of campaign contributions.’. CommentsClose CommentsPermalink





(b) Clarification-Section 201(c)(1) of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking the matter before subparagraph (A) and inserting ‘otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation--’; CommentsClose CommentsPermalink





(2) in subparagraph (A), by inserting after ‘, or person selected to be a public official,’ the following: ‘for or because of the official’s or person’s official position, or for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official’; and CommentsClose CommentsPermalink





(3) in subparagraph (B),-- CommentsClose CommentsPermalink





(A) by striking ‘otherwise than as provided by law for the proper discharge of official duty,’; and CommentsClose CommentsPermalink





(B) by striking all after ‘, anything of value personally,’ and inserting ‘for or because of the official’s or person’s official position, or for or because of any official act performed or to be performed by such official or person;’. CommentsClose CommentsPermalink

SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

Section 201(a)(3) of title 18, United States Code, is amended to read as follows: CommentsClose CommentsPermalink





‘(3) the term ‘official act’ means any action within the range of official duty, and any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official’s official capacity or in such official’s place of trust or profit. An official act can be a single act, more than one act, or a course of conduct.’. CommentsClose CommentsPermalink

SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIBERY.

Section 201 of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘anything of value’ each place it appears and inserting ‘any thing or things of value’; and CommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘anything of value’ each place it appears and inserting ‘any thing or things of value’. CommentsClose CommentsPermalink

SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE PROCEEDINGS.

(a) In General-Section 1512(i) of title 18, United States Code, is amended by striking ‘A prosecution under this section or section 1503’ and inserting ‘to read as follows: CommentsClose CommentsPermalink





‘(i) A prosecution under this chaptersection 1503, 1504, 1505, 1508, 1509, 1510, or this section may be brought in the district in which the conduct constituting the alleged offense occurred or in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected.’. CommentsClose CommentsPermalink





(b) Perjury- CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 79 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 1624. Venue

‘A prosecution under section 1621(1), 1622 (in regard to subornation of perjury under this chapter1621(1)), or 1623 of this title may be brought in the district in which the oath, declaration, certificate, verification, or statement under penalty of perjury is made or in which a proceeding takes place in connection with the oath, declaration, certificate, verification, or statement.’. CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 79 of title 18, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘1624. Venue.’. CommentsClose CommentsPermalink

SEC. 16. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO INVESTIGATE AND PROSECUTE PUBLIC CORRUPTION OFFENSES.

There are authorized to be appropriated to the Offices of the Inspectors General and the Department of Justice, including the United States Attorneys’ Offices, the Federal Bureau of Investigation, and the Public Integrity Section of the Criminal Division, $25,000,000 for each of the fiscal years 2009, 2010, 2011, and 20122012, and 2013, to increase the number of personnel to investigate and prosecute public corruption offenses including sections 201, 203 through 209, 641, 654, 666, 1001, 1341, 1343, 1346, and 1951 of title 18, United States Code. CommentsClose CommentsPermalink

SEC. 17. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES.

(a) Directive to Sentencing Commission- Pursuant to its authority undersection 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under sections 201, 641, and 666 of title 18, United States Code, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by the guidelines and policy statements. CommentsClose CommentsPermalink





(b) Requirements- In carrying out this section, the Commission shall-- CommentsClose CommentsPermalink





(1) ensure that the sentencing guidelines and policy statements reflect Congress’ intent that the guidelines and policy statements reflect the serious nature of the offenses described in subsection (a), the incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses; CommentsClose CommentsPermalink





(2) consider the extent to which the guidelines may or may not appropriately account for-- CommentsClose CommentsPermalink





(A) the potential and actual harm to the public and the amount of any loss resulting from the offense; CommentsClose CommentsPermalink





(B) the level of sophistication and planning involved in the offense; CommentsClose CommentsPermalink





(C) whether the offense was committed for purposes of commercial advantage or private financial benefit; CommentsClose CommentsPermalink





(D) whether the defendant acted with intent to cause either physical or property harm in committing the offense; CommentsClose CommentsPermalink





(E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the Federal, State, or local government; and CommentsClose CommentsPermalink





(F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death; CommentsClose CommentsPermalink





(3) assure reasonable consistency with other relevant directives and with other sentencing guidelines; CommentsClose CommentsPermalink





(4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; CommentsClose CommentsPermalink





(5) make any necessary conforming changes to the sentencing guidelines; and CommentsClose CommentsPermalink





(6) assure that the guidelines adequately meet the purposes of sentencing as set forth insection 3553(a)(2) of title 18, United States Code. CommentsClose CommentsPermalink