[Congressional Record (Bound Edition), Volume 158 (2012), Part 3]
[Senate]
[Pages 3824-3826]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1945. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2038, to prohibit Members of Congress and employees 
of Congress from using nonpublic information derived from their 
official positions for personal benefit, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of the House amendment, add the following:

          TITLE II--PUBLIC CORRUPTION PROSECUTION IMPROVEMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Public Corruption 
     Prosecution Improvements Act of 2012''.

     SEC. 202. 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:

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

     SEC. 203. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING 
                   FEDERAL FINANCIAL ASSISTANCE.

       Section 666(a) of title 18, United States Code, is 
     amended--
       (1) by striking ``10 years'' and inserting ``20 years'';
       (2) by striking ``$5,000'' the second place and the third 
     place it appears and inserting ``$1,000'';
       (3) by striking ``anything of value'' each place it appears 
     and inserting ``any thing or things of value''; and
       (4) in paragraph (1)(B), by inserting after ``anything'' 
     the following: ``or things''.

     SEC. 204. PENALTY FOR SECTION 641 VIOLATIONS.

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

     SEC. 205. BRIBERY AND GRAFT; CLARIFICATION OF DEFINITION OF 
                   ``OFFICIAL ACT''; CLARIFICATION OF THE CRIME OF 
                   ILLEGAL GRATUITIES.

       (a) Definition.--Section 201(a) of title 18, United States 
     Code, is amended--

[[Page 3825]]

       (1) in paragraph (2), by striking ``and'' at the end;
       (2) by amending paragraph (3) to read as follows:
       ``(3) the term `official act'--
       ``(A) means 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) may be a single act, more than one act, or a course 
     of conduct; and''; and
       (3) by adding 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 to read as follows:
       ``(1) otherwise than as provided by law for the proper 
     discharge of official duty, or by rule or regulation--
       ``(A) directly or indirectly gives, offers, or promises any 
     thing or things of value to any public official, former 
     public official, or person selected to be a public official 
     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;
       ``(B) directly or indirectly, knowingly gives, offers, or 
     promises any thing or things of value with an aggregate value 
     of not less than $1000 to any public official, former public 
     official, or person selected to be a public official for or 
     because of the official's or person's official position;
       ``(C) being a public official, former public official, or 
     person selected to be a public official, directly or 
     indirectly, knowingly demands, seeks, receives, accepts, or 
     agrees to receive or accept any thing or things of value with 
     an aggregate value of not less than $1000 personally for or 
     because of the official's or person's official position; or
       ``(D) being a public official, former public official, or 
     person selected to be a public official, directly or 
     indirectly demands, seeks, receives, accepts, or agrees to 
     receive or accept any thing or things of value personally for 
     or because of any official act performed or to be performed 
     by such official or person;''.

     SEC. 206. 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 forthwith shall review and, if 
     appropriate, amend its guidelines and its policy statements 
     applicable to persons convicted of an offense under section 
     201, 641, 1346A, or 666 of title 18, United States Code, in 
     order to reflect the intent of Congress that such penalties 
     meet the requirements in subsection (b) of this section.
       (b) Requirements.--In carrying out this subsection, the 
     Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect Congress's intent that the guidelines and 
     policy statements reflect the serious nature of the offenses 
     described in paragraph (1), 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. 207. 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.  3302. 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 or when charged in connection 
     with section 1346A;
       ``(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 new item:

``3302. 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. 208. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC 
                   CORRUPTION RELATED OFFENSES.

       (a) Solicitation of Political Contributions.--Section 
     602(a)(4) of title 18, United States Code, is amended by 
     striking ``3 years'' and inserting ``5 years''.
       (b) Promise of Employment for Political Activity.--Section 
     600 of title 18, United States Code, is amended by striking 
     ``one year'' and inserting ``3 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 ``3 years''.
       (d) Intimidation To Secure Political Contributions.--
     Section 606 of title 18, United States Code, is amended by 
     striking ``three years'' and inserting ``5 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 ``5 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 ``5 years''.

     SEC. 209. 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)'' after ``section 1014 (relating 
     to loans and credit applications generally; renewals and 
     discounts),''.

     SEC. 210. 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), 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. 211. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC 
                   OFFICIALS.

       (a) In General.--Chapter 63 of title 18, United States 
     Code, is amended by inserting after section 1346 the 
     following new section:

     ``Sec.  1346A. Undisclosed self-dealing by public officials

       ``(a) Undisclosed Self-Dealing by Public Officials.--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.--As used in this section:
       ``(1) Official act.--The term official act--

[[Page 3826]]

       ``(A) means 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) may be a single act, more than one act, or a course 
     of conduct.
       ``(2) Public official.--The term `public official' means an 
     officer, employee, or elected or appointed representative, or 
     person acting for or on be half of the United States, a 
     State, or a subdivision of a State, or any department, agency 
     or branch of government thereof, in any official function, 
     under or by authority of any such department, agency, or 
     branch of government.
       ``(3) State.--The term `State' includes a State of the 
     United States, the District of Columbia, and any 
     commonwealth, territory, or possession of the United States.
       ``(4) Undisclosed self-dealing.--The term `undisclosed 
     self-dealing' means that--
       ``(A) a public official performs an official act for the 
     purpose, in whole or in material part, of furthering or 
     benefitting a financial interest, of which the public 
     official has knowledge, of--
       ``(i) the public official;
       ``(ii) the spouse or minor child of the public official;
       ``(iii) a general business 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) an 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 public official knowingly falsifies, conceals, or 
     covers up material information that is required to be 
     disclosed by any Federal, State, or local statute, rule, 
     regulation, or charter applicable to the public official, or 
     knowingly fails 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.
       ``(5) Material information.--The term `material 
     information' means information--
       ``(A) regarding a financial interest of a person described 
     in clauses (i) through (iv) paragraph (4)(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 (4)(A).''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 63 of title 18, United States Code, is amended by 
     inserting after the item relating to section 1346 the 
     following new item:

``1346A. Undisclosed self-dealing by public officials.''.

       (c) Applicability.--The amendments made by this section 
     apply to acts engaged in on or after the date of the 
     enactment of this Act.

     SEC. 212. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST 
                   JUDGES.

       Section 360(a) of title 28, United States Code, is 
     amended--
       (1) in paragraph (2) by striking ``or'';
       (2) in paragraph (3), by striking the period at the end, 
     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 Attorney General, a Federal, 
     State, or local grand jury, or a Federal, State, or local law 
     enforcement agency.''.

     SEC. 213. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY 
                   OFFENSES.

       Section 666(c) of title 18, United States Code, is 
     amended--
       (1) by striking ``This section does not apply to''; and
       (2) by inserting ``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,'' before ``bona fide salary''.

     SEC. 214. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES.

       Section 3731 of title 18, United States Code, is amended by 
     inserting after ``United States attorney'' the following: ``, 
     Deputy Attorney General, Assistant Attorney General, or the 
     Attorney General''.

                          ____________________