II 109th CONGRESS 2d Session S. 2559 IN THE SENATE OF THE UNITED STATES April 6, 2006 Mr. Leahy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To make it illegal for anyone to defraud and deprive the American people of the right to the honest services of a Member of Congress and to instill greater public confidence in the United States Congress.

1.

Short title

This Act may be cited as the Honest Services Act of 2006.

2.

Honest services fraud involving Members of Congress

(a)

In general

Chapter 63 of title 18, United States Code, is amended by adding at the end the following:

1351.

Honest services fraud involving members of Congress

(a)

In general

Whoever knowingly and willfully executes, or attempts to execute, a scheme or artifice to defraud and deprive the United States, the Congress, or the constituents of a Member of Congress, of the right to the honest services of a Member of Congress by— (1)offering and providing to a Member of Congress, or an employee of a Member of Congress, anything of value or a series of things of value, with the intent to influence the performance an official act or series of official acts; or (2)being a Member of Congress, or an employee of a Member of Congress, accepting anything of value or a series of things of value or holding an undisclosed financial interest, with the intent to be influenced in performing an official act or series of official acts; shall be fined under this title or imprisoned not more than 20 years, or both.(b)

Definitions

In this section: (1)

Honest services

The term honest services includes the right to conscientious, loyal, faithful, disinterested, and unbiased service, to be performed free of deceit, undue influence, conflict of interest, self-enrichment, self-dealing, concealment, bribery, fraud, and corruption. (2)

Official act

The term official act— (A)has the meaning given that term in section 201(a)(3) of this title; and (B)includes supporting and passing legislation, placing a statement in the Congressional Record, participating in a meeting, conducting hearings, or advancing or advocating for an application to obtain a contract with the United States Government. (3)

Undisclosed financial interest

The term undisclosed financial interest includes any financial interest not disclosed as required by statute or by the Standing Rules of the Senate. (c)

No inference and scope

Nothing in this section shall be construed to— (1)create any inference with respect to whether the conduct described in section 1351 of this title was already a criminal or civil offense prior to the enactment of this section; or (2)limit the scope of any existing criminal or civil offense.

. (b)

Chapter analysis

The chapter analysis for chapter 63 of title 18, United States Code is amended by adding at the end, the following: 1351. Honest services fraud involving Members of Congress. .

3.

Authorization for additional personnel to investigate and prosecute honest services fraud, bribery, graft, and conflicts of interest offenses

There are authorized to be appropriated to the Department of Justice, including the Public Integrity Section of the Criminal Division, and the Federal Bureau of Investigations, $25,000,000 for each of the fiscal years 2007, 2008, 2009, and 2010, to increase the number of personnel to investigate and prosecute violations of section 1351 and sections 201, 203 through 209, 1001, 1341, 1343, and 1346 of title 18, United States Code, as amended by this Act.