[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 401 Reported in Senate (RS)]

                                                       Calendar No. 119
112th CONGRESS
  1st Session
                                 S. 401

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2011

   Mr. Leahy (for himself, 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 
                               Judiciary

                             July 28, 2011

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Public Corruption 
Prosecution Improvements Act''.</DELETED>

<DELETED>SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC 
              CORRUPTION OFFENSES.</DELETED>

<DELETED>    (a) In General.--Chapter 213 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 3299A. Corruption offenses</DELETED>
<DELETED>    ``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--
</DELETED>
        <DELETED>    ``(1) section 201 or 666;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(3) section 1951, if the offense involves 
        extortion under color of official right;</DELETED>
        <DELETED>    ``(4) section 1952, to the extent that the 
        unlawful activity involves bribery; or</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``3299A. Corruption offenses.''.
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO 
              LICENCES AND OTHER INTANGIBLE RIGHTS.</DELETED>

<DELETED>    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''.</DELETED>

<DELETED>SEC. 4. VENUE FOR FEDERAL OFFENSES.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Section Heading.--The heading for section 3237 of 
title 18, United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 3237. Offense taking place in more than one 
              district''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL 
              FINANCIAL ASSISTANCE.</DELETED>

<DELETED>    Section 666 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)(B), by--</DELETED>
                        <DELETED>    (i) striking ``anything of value'' 
                        and inserting ``any thing or things of value''; 
                        and</DELETED>
                        <DELETED>    (ii) striking ``of $5,000 or 
                        more'' and inserting ``of $1,000 or 
                        more'';</DELETED>
                <DELETED>    (B) by amending paragraph (2) to read as 
                follows:</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (C) in the matter following paragraph (2), 
                by striking ``ten years'' and inserting ``15 years''; 
                and</DELETED>
        <DELETED>    (2) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking ``This section does not 
                apply to''; and</DELETED>
                <DELETED>    (B) by inserting before ``bona fide 
                salary'' the following: ``The term `anything 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''.</DELETED>

<DELETED>SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.</DELETED>

<DELETED>    Section 641 of title 18, United States Code, is amended by 
striking ``ten years'' and inserting ``15 years''.</DELETED>

<DELETED>SEC. 7. PENALTY FOR SECTION 201(B) VIOLATIONS.</DELETED>

<DELETED>    Section 201(b) of title 18, United States Code, is amended 
by striking ``fifteen years'' and inserting ``20 years''.</DELETED>

<DELETED>SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC 
              CORRUPTION RELATED OFFENSES.</DELETED>

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

<DELETED>SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC 
              MONEY OFFENSE.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 10. ADDITIONAL RICO PREDICATES.</DELETED>

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

<DELETED>SEC. 11. ADDITIONAL WIRETAP PREDICATES.</DELETED>

<DELETED>    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),''.</DELETED>

<DELETED>SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL 
              GRATUITIES.</DELETED>

<DELETED>    (a) Definition.--Section 201(a) of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``and'' after 
        the semicolon;</DELETED>
        <DELETED>    (2) in paragraph (3), by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by inserting at the end the 
        following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Clarification.--Section 201(c)(1) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (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--
        '';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) in subparagraph (B)--</DELETED>
                <DELETED>    (A) by striking ``otherwise than as 
                provided by law for the proper discharge of official 
                duty,''; and</DELETED>
                <DELETED>    (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;''.</DELETED>

<DELETED>SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL 
              ACT.</DELETED>

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

<DELETED>SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIBERY.</DELETED>

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

<DELETED>SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF 
              JUSTICE PROCEEDINGS.</DELETED>

<DELETED>    (a) In General.--Section 1512(i) of title 18, United 
States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Perjury.--</DELETED>
        <DELETED>    (1) In general.--Chapter 79 of title 18, United 
        States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>``Sec. 1624. Venue</DELETED>
<DELETED>    ``A prosecution under section 1621(1), 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.''.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``1624. Venue.''.

<DELETED>SEC. 16. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO 
              CERTAIN CRIMES.</DELETED>

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

<DELETED>SEC. 17. PERMITTING THE DISCLOSURE OF INFORMATION REGARDING 
              POTENTIAL CRIMINAL ACTIVITY TO APPROPRIATE LAW 
              ENFORCEMENT AUTHORITIES.</DELETED>

<DELETED>    Section 360(a) of title 28, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``or'' after the 
        semicolon;</DELETED>
        <DELETED>    (2) in paragraph (3), by striking the period and 
        inserting ``; or''; and</DELETED>
        <DELETED>    (3) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) disclosure of information regarding a 
        potential criminal offense may be made to the United States 
        Department of Justice, a Federal, State, or local grand jury, 
        or Federal, State, or local law enforcement 
        agents.''.</DELETED>

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 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B), by--
                            (i) striking ``anything of value'' and 
                        inserting ``any thing or things of value''; and
                            (ii) striking ``of $5,000 or more'' and 
                        inserting ``of $1,000 or more'';
                    (B) 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 any thing or 
        things of value of $1,000 or more;''; and
                    (C) in the matter following paragraph (2), by 
                striking ``ten years'' and inserting ``20 years''; and
            (2) in subsection (c)--
                    (A) by striking ``This section does not apply to''; 
                and
                    (B) by inserting before ``bona fide salary'' the 
                following: ``The term `any 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''.

SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS.

    Section 641 of title 18, United States Code, is amended by striking 
``ten years'' and inserting ``20 years''.

SEC. 7. PENALTY FOR SECTION 201 VIOLATIONS.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``fifteen years'' and 
        inserting ``20 years''; and
            (2) in subsection (c), by striking ``two years'' and 
        inserting ``5 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),'';
            (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
            (3) by inserting ``section 1031 (relating to major fraud 
        against the United States),'' before ``section 1084''.
    (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--
            (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
            (2) by inserting ``section 1031 (relating to major fraud 
        against the United States),'' before ``section 1032''.

SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

    (a) Definition.--Section 201(a) of title 18, United States Code, is 
amended--
            (1) in paragraph (2), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by inserting at the end the following:
            ``(4) the term `rule or regulation' means a Federal 
        regulation or a rule of the House of Representatives or the 
        Senate, including those rules and regulations governing the 
        acceptance of gifts and campaign contributions.''.
    (b) Clarification.--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)--
                    (A) by striking ``otherwise than as provided by law 
                for the proper discharge of official duty,''; and
                    (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 to read as follows:
    ``(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.''.
    (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 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.''.
            (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. 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.

SEC. 17. PERMITTING THE DISCLOSURE OF INFORMATION REGARDING POTENTIAL 
              CRIMINAL ACTIVITY TO APPROPRIATE LAW ENFORCEMENT 
              AUTHORITIES.

    Section 360(a) of title 28, United States Code, is amended--
            (1) in paragraph (2), by striking ``or'' after the 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        ``; or''; and
            (3) by inserting after paragraph (3) the following:
            ``(4) such disclosure of information regarding a potential 
        criminal offense is made to the United States Department of 
        Justice, a Federal, State, or local grand jury, or Federal, 
        State, or local law enforcement agents.''.

SEC. 18. DEFINITION OF ``SCHEME OR ARTIFICE TO DEFRAUD''.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by inserting after section 1346 the following:
``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.
    ``(b) Definitions.--In this section--
            ``(1) the term `material information' includes 
        information--
                    ``(A) regarding a financial interest described in 
                clauses (i) through (vi) of paragraph (3)(A); and
                    ``(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);
            ``(2) the term `official act'--
                    ``(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
                    ``(B) can be a single act, more than 1 act, or a 
                course of conduct;
            ``(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
            ``(4) the term `undisclosed self-dealing' means--
                    ``(A) the performance of an official act by a 
                public official for the purpose, in whole or in 
                material part, of furthering or benefitting a financial 
                interest of--
                            ``(i) the public official;
                            ``(ii) the spouse or minor child of the 
                        public official;
                            ``(iii) a general partner of the public 
                        official;
                            ``(iv) a business or organization in which 
                        the public official is serving as an employee, 
                        officer, director, trustee, or general partner;
                            ``(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
                            ``(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
                    ``(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.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 63 is amended by inserting after the item relating to section 
1346 the following:

``1346A. Additional definition of `scheme or artifice to defraud'.''.

SEC. 19. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES.

    Section 3731 of title 18, United States Code, is amended, in the 
second undesignated paragraph, by inserting after ``United States 
attorney'' the following: ``, Deputy Attorney General, Assistant 
Attorney General, or the Attorney General''.
                                                       Calendar No. 119

112th CONGRESS

  1st Session

                                 S. 401

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 28, 2011

                       Reported with an amendment