[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 49 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 49

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

 Mr. Leahy (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    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 ``Public Corruption Prosecution 
Improvements Act''.

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:
``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--
            ``(1) section 201 or 666;
            ``(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;
            ``(3) section 1951, if the offense involves extortion under 
        color of official right;
            ``(4) section 1952, to the extent that the unlawful 
        activity involves bribery; or
            ``(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.''.
    (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:

``3299A. Corruption offenses.''.
    (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.

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''.

SEC. 4. VENUE FOR FEDERAL OFFENSES.

    (a) In General.--The second undesignated paragraph of section 
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''.
    (b) Section Heading.--The heading for section 3237 of title 18, 
United States Code, is amended to read as follows:
``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:

``3237. Offense taking place in more than one district.''.

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

    Section 666(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)(B), by--
                    (A) striking ``anything of value'' and inserting 
                ``any thing or things of value''; and
                    (B) striking ``of $5,000 or more'' and inserting 
                ``of $1,000 or more'';
            (2) by amending paragraph (2) to read as follows:
            ``(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
            (3) in the matter following paragraph (2), by striking 
        ``ten years'' and inserting ``15 years''.

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''.

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''.

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

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.

SEC. 10. ADDITIONAL RICO PREDICATES.

    (a) In General.--Section 1961(1) of title 18, United States Code, 
is amended--
            (1) by inserting ``section 641 (relating to embezzlement or 
        theft of public money, property, or records),'' after ``473 
        (relating to counterfeiting),''; 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),''.
    (b) Conforming Amendments.--Section 1956(c)(7)(D) of title 18, 
United States Code, is amended--
            (1) by striking ``section 641 (relating to public money, 
        property, or records),''; and
            (2) by striking ``section 666 (relating to theft or bribery 
        concerning programs receiving Federal funds),''.

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),''.

SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

    Section 201(c)(1) of title 18, United States Code, is amended--
            (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--'';
            (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
            (3) in subparagraph (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;''.

SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL ACT.

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

SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIBERY.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``anything of value'' 
        each place it appears and inserting ``any thing or things of 
        value''; and
            (2) in subsection (c), by striking ``anything of value'' 
        each place it appears and inserting ``any thing or things of 
        value''.

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 ``A prosecution under this chapter''.
    (b) Perjury.--
            (1) In general.--Chapter 79 of title 18, United States 
        Code, is amended by adding at the end the following:
``Sec. 1624. Venue
    ``A prosecution under this chapter 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.''.
            (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:

``1624. Venue.''.

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 2012, 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.

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

    (a) Directive to Sentencing Commission.--Pursuant to its authority 
under section 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.
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (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;
            (2) consider the extent to which the guidelines may or may 
        not appropriately account for--
                    (A) the potential and actual harm to the public and 
                the amount of any loss resulting from the offense;
                    (B) the level of sophistication and planning 
                involved in the offense;
                    (C) whether the offense was committed for purposes 
                of commercial advantage or private financial benefit;
                    (D) whether the defendant acted with intent to 
                cause either physical or property harm in committing 
                the offense;
                    (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
                    (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;
            (3) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (5) make any necessary conforming changes to the sentencing 
        guidelines; and
            (6) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.
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