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S.401 - Public Corruption Prosecution Improvements Act
A bill to help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in Senate||2,340||n/a||n/a|
|Reported in Senate||5,351||32 Show Changes Hide Changes||32%|
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Mr. LEAHY (for himself and, Mr. CORNYN, Mr. KIRK, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Mrs. FEINSTEIN, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES.
‘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
‘(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
‘(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
SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS.
SEC. 4. VENUE FOR FEDERAL OFFENSES.
(a) In General- The second undesignated paragraph of
‘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
SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE.
‘(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 thing or things of value of $1,000 or more;’; and CommentsClose CommentsPermalink
(B) by inserting before ‘bona fide salary’ the following: ‘The term ‘anything thing or things of value’ that is corruptly solicited, demanded, accepted or agreed to be accepted in subsection (a)(1)(B) or corruptly given, offered, or agreed to be given in subsection (a)(2) shall not include’. CommentsClose CommentsPermalink
SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.
SEC. 7. PENALTY FOR SECTION 201(b) VIOLATIONS.
SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION RELATED OFFENSES.
(e) Solicitation and Acceptance of Contributions in Federal Offices-
SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE.
SEC. 10. ADDITIONAL RICO PREDICATES.
and(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),’; and CommentsClose CommentsPermalink
SEC. 11. ADDITIONAL WIRETAP PREDICATES.
(1) 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),’; and CommentsClose CommentsPermalink
SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.
‘(4) the term ‘rule or regulation’ means a Federal regulation or a rule of the House of Representatives andor the Senate, including those rules and regulations governing the acceptance of gifts and campaign contributions.’. 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
(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.
‘(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.
SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE PROCEEDINGS.
‘(i) A prosecution under section 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
‘Sec. 1624. Venue
‘A prosecution under section 1621(1), 1621(2), 1622 (in regard to subornation of perjury under 1621(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
SEC. 16. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES.
(a) Directive to Sentencing Commission- Pursuant to its authority under
(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
(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
SEC. 17. PERMITTING THE DISCLOSURE OF INFORMATION REGARDING POTENTIAL CRIMINAL ACTIVITY TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
‘(4) such disclosure of information regarding a potential criminal offense may beis made to the United States Department of Justice, a Federal, State, or local grand jury, or Federal, State, or local law enforcement agents.’. CommentsClose CommentsPermalink
SEC. 18. DEFINITION OF ‘SCHEME OR ARTIFICE TO DEFRAUD’.
‘Sec. 1346A. Additional definition of ‘scheme or artifice to defraud’
‘(a) In General- For purposes of this chapter, the term ‘scheme or artifice to defraud’ also includes a scheme or artifice by a public official to engage in undisclosed self-dealing. CommentsClose CommentsPermalink
‘(B) regarding the association, connection, or dealings by a public official with an individual, business, or organization as described in clauses (iii) through (vi) of paragraph (3)(A); CommentsClose CommentsPermalink
‘(A) includes any act 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; and CommentsClose CommentsPermalink
‘(3) the term ‘public official’ means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or subdivision of a State, or any department, agency, or branch thereof, in any official function, under or by authority of any such department, agency, or branch of government; and CommentsClose CommentsPermalink
‘(v) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; or CommentsClose CommentsPermalink
‘(vi) individual, business, or organization from whom the public official has received any thing or things of value, otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation; and CommentsClose CommentsPermalink
‘(B) the knowing falsification, concealment, or covering up of material information by a public official that is required to be disclosed by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official, or the knowing failure of a public official to disclose material information in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official.’. CommentsClose CommentsPermalink