II 

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 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. 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Public Corruption 

3 Prosecution Improvements Act’’. 

4 SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SE5 RIOUS PUBLIC CORRUPTION OFFENSES. 

6 (a) IN GENERAL.—Chapter 213 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 


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1 ‘‘§ 3299A. Corruption offenses 

2 ‘‘Unless an indictment is returned or the information 

3 is filed against a person within 6 years after the commis4 sion of the offense, a person may not be prosecuted, tried, 

5 or punished for a violation of, or a conspiracy or an at6 tempt to violate the offense in— 

7 ‘‘(1) section 201 or 666; 

8 ‘‘(2) section 1341 or 1343, when charged in 

9 conjunction with section 1346 and where the offense 

10 involves a scheme or artifice to deprive another of 

11 the intangible right of honest services of a public of12 ficial; 

13 ‘‘(3) section 1951, if the offense involves extor14 tion under color of official right; 

15 ‘‘(4) section 1952, to the extent that the unlaw16 ful activity involves bribery; or 

17 ‘‘(5) section 1962, to the extent that the racket18 eering activity involves bribery chargeable under 

19 State law, involves a violation of section 201 or 666, 

20 section 1341 or 1343, when charged in conjunction 

21 with section 1346 and where the offense involves a 

22 scheme or artifice to deprive another of the intan23 gible right of honest services of a public official, or 

24 section 1951, if the offense involves extortion under 

25 color of official right.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 213 of title 18, United States 

3 Code, is amended by adding at the end the following: 

‘‘3299A. Corruption offenses.’’. 

4 (c) APPLICATION OF AMENDMENT.—The amend5 ments made by this section shall not apply to any offense 

6 committed before the date of enactment of this Act. 

7 SEC. 3. APPLICATION OF MAIL AND WIRE FRAUD STATUTES 

8 TO LICENCES AND OTHER INTANGIBLE 

9 RIGHTS. 

10 Sections 1341 and 1343 of title 18, United States 

11 Code, are each amended by striking ‘‘money or property’’ 

12 and inserting ‘‘money, property, or any other thing of 

13 value’’. 

14 SEC. 4. VENUE FOR FEDERAL OFFENSES. 

15 (a) IN GENERAL.—The second undesignated para16 graph of section 3237(a) of title 18, United States Code, 

17 is amended by adding before the period at the end the 

18 following: ‘‘or in any district in which an act in further19 ance of the offense is committed’’. 

20 (b) SECTION HEADING.—The heading for section 

21 3237 of title 18, United States Code, is amended to read 

22 as follows: 


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1 ‘‘§ 3237. Offense taking place in more than one dis2 trict’’. 

3 (c) TABLE OF SECTIONS.—The table of sections at 

4 the beginning of chapter 211 of title 18, United States 

5 Code, is amended so that the item relating to section 3237 

6 reads as follows: 

‘‘3237. Offense taking place in more than one district.’’. 

7 SEC. 5. THEFT OR BRIBERY CONCERNING PROGRAMS RE8 CEIVING FEDERAL FINANCIAL ASSISTANCE. 

9 Section 666 of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)(B), by— 

13 (i) striking ‘‘anything of value’’ and 

14 inserting ‘‘any thing or things of value’’; 

15 and 

16 (ii) striking ‘‘of $5,000 or more’’ and 

17 inserting ‘‘of $1,000 or more’’; 

18 (B) by amending paragraph (2) to read as 

19 follows: 

20 ‘‘(2) corruptly gives, offers, or agrees to give 

21 any thing or things of value to any person, with in22 tent to influence or reward an agent of an organiza23 tion or of a State, local or Indian tribal government, 

24 or any agency thereof, in connection with any busi25 ness, transaction, or series of transactions of such 


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1 organization, government, or agency involving any2 thing of value of $1,000 or more;’’; and 

3 (C) in the matter following paragraph (2), 

4 by striking ‘‘ten years’’ and inserting ‘‘15 

5 years’’; and 

6 (2) in subsection (c)— 

7 (A) by striking ‘‘This section does not 

8 apply to’’; and 

9 (B) by inserting before ‘‘bona fide salary’’ 

10 the following: ‘‘The term ‘anything of value’ 

11 that is corruptly solicited, demanded, accepted 

12 or agreed to be accepted in subsection (a)(1)(B) 

13 or corruptly given, offered, or agreed to be 

14 given in subsection (a)(2) shall not include’’. 

15 SEC. 6. PENALTY FOR SECTION 641 VIOLATIONS. 

16 Section 641 of title 18, United States Code, is 

17 amended by striking ‘‘ten years’’ and inserting ‘‘15 

18 years’’. 

19 SEC. 7. PENALTY FOR SECTION 201(b) VIOLATIONS. 

20 Section 201(b) of title 18, United States Code, is 

21 amended by striking ‘‘fifteen years’’ and inserting ‘‘20 

22 years’’. 


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1 SEC. 8. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN 

2 PUBLIC CORRUPTION RELATED OFFENSES. 

3 (a) SOLICITATION OF POLITICAL CONTRIBUTIONS.— 

4 Section 602(a) of title 18, United States Code, is amended 

5 by striking ‘‘three years’’ and inserting ‘‘10 years’’. 

6 (b) PROMISE OF EMPLOYMENT FOR POLITICAL AC7 TIVITY.—Section 600 of title 18, United States Code, is 

8 amended by striking ‘‘one year’’ and inserting ‘‘10 years’’. 

9 (c) DEPRIVATION OF EMPLOYMENT FOR POLITICAL

10 ACTIVITY.—Section 601(a) of title 18, United States 

11 Code, is amended by striking ‘‘one year’’ and inserting 

12 ‘‘10 years’’. 

13 (d) INTIMIDATION TO SECURE POLITICAL CON14 TRIBUTIONS.—Section 606 of title 18, United States 

15 Code, is amended by striking ‘‘three years’’ and inserting 

16 ‘‘10 years’’. 

17 (e) SOLICITATION AND ACCEPTANCE OF CONTRIBU18 TIONS IN FEDERAL OFFICES.—Section 607(a)(2) of title 

19 18, United States Code, is amended by striking ‘‘3 years’’ 

20 and inserting ‘‘10 years’’. 

21 (f) COERCION OF POLITICAL ACTIVITY BY FEDERAL

22 EMPLOYEES.—Section 610 of title 18, United States 

23 Code, is amended by striking ‘‘three years’’ and inserting 

24 ‘‘10 years’’. 


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1 SEC. 9. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF 

2 PUBLIC MONEY OFFENSE. 

3 Section 641 of title 18, United States Code, is 

4 amended by inserting ‘‘the District of Columbia or’’ before 

5 ‘‘the United States’’ each place that term appears. 

6 SEC. 10. ADDITIONAL RICO PREDICATES. 

7 (a) IN GENERAL.—Section 1961(1) of title 18, 

8 United States Code, is amended— 

9 (1) by inserting ‘‘section 641 (relating to em10 bezzlement or theft of public money, property, or 

11 records),’’ after ‘‘473 (relating to counterfeiting),’’; 

12 and 

13 (2) by inserting ‘‘section 666 (relating to theft 

14 or bribery concerning programs receiving Federal 

15 funds),’’ after ‘‘section 664 (relating to embezzle16 ment from pension and welfare funds),’’. 

17 (b) CONFORMING AMENDMENTS.—Section 

18 1956(c)(7)(D) of title 18, United States Code, is amend19 ed— 

20 (1) by striking ‘‘section 641 (relating to public 

21 money, property, or records),’’; and 

22 (2) by striking ‘‘section 666 (relating to theft 

23 or bribery concerning programs receiving Federal 

24 funds),’’. 


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1 SEC. 11. ADDITIONAL WIRETAP PREDICATES. 

2 Section 2516(1)(c) of title 18, United States Code, 

3 is amended by inserting ‘‘section 641 (relating to embez4 zlement or theft of public money, property, or records), 

5 section 666 (relating to theft or bribery concerning pro6 grams receiving Federal funds),’’ after ‘‘section 224 (brib7 ery in sporting contests),’’. 

8 SEC. 12. CLARIFICATION OF CRIME OF ILLEGAL GRATU9 ITIES. 

10 (a) DEFINITION.—Section 201(a) of title 18, United 

11 States Code, is amended— 

12 (1) in paragraph (2), by striking ‘‘and’’ after 

13 the semicolon; 

14 (2) in paragraph (3), by striking the period and 

15 inserting ‘‘; and’’; and 

16 (3) by inserting at the end the following: 

17 ‘‘(4) the term ‘rule or regulation’ means a Fed18 eral regulation or a rule of the House of Representa19 tives and the Senate, including those rules and regu20 lations governing the acceptance of campaign con21 tributions.’’. 

22 (b) CLARIFICATION.—Section 201(c)(1) of title 18, 

23 United States Code, is amended— 

24 (1) by striking the matter before subparagraph 

25 (A) and inserting ‘‘otherwise than as provided by 


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1 law for the proper discharge of official duty, or by 

2 rule or regulation—’’; 

3 (2) in subparagraph (A), by inserting after ‘‘, 

4 or person selected to be a public official,’’ the fol5 lowing: ‘‘for or because of the official’s or person’s 

6 official position, or for or because of any official act 

7 performed or to be performed by such public official, 

8 former public official, or person selected to be a pub9 lic official’’; and 

10 (3) in subparagraph (B)— 

11 (A) by striking ‘‘otherwise than as pro12 vided by law for the proper discharge of official 

13 duty,’’; and 

14 (B) by striking all after ‘‘anything of value 

15 personally’’ and inserting ‘‘for or because of the 

16 official’s or person’s official position, or for or 

17 because of any official act performed or to be 

18 performed by such official or person;’’. 

19 SEC. 13. CLARIFICATION OF DEFINITION OF OFFICIAL ACT. 

20 Section 201(a)(3) of title 18, United States Code, is 

21 amended to read as follows: 

22 ‘‘(3) the term ‘official act’ means any action 

23 within the range of official duty, and any decision or 

24 action on any question, matter, cause, suit, pro25 ceeding or controversy, which may at any time be 


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1 pending, or which may by law be brought before any 

2 public official, in such public official’s official capac3 ity or in such official’s place of trust or profit. An 

4 official act can be a single act, more than one act, 

5 or a course of conduct.’’. 

6 SEC. 14. CLARIFICATION OF COURSE OF CONDUCT BRIB7 ERY. 

8 Section 201 of title 18, United States Code, is 

9 amended— 

10 (1) in subsection (b), by striking ‘‘anything of 

11 value’’ each place it appears and inserting ‘‘any 

12 thing or things of value’’; and 

13 (2) in subsection (c), by striking ‘‘anything of 

14 value’’ each place it appears and inserting ‘‘any 

15 thing or things of value’’. 

16 SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUC17 TION OF JUSTICE PROCEEDINGS. 

18 (a) IN GENERAL.—Section 1512(i) of title 18, United 

19 States Code, is amended to read as follows: 

20 ‘‘(i) A prosecution under section 1503, 1504, 1505, 

21 1508, 1509, 1510, or this section may be brought in the 

22 district in which the conduct constituting the alleged of23 fense occurred or in which the official proceeding (whether 

24 or not pending or about to be instituted) was intended 

25 to be affected.’’. 


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1 (b) PERJURY.— 

2 (1) IN GENERAL.—Chapter 79 of title 18, 

3 United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 1624. Venue 

6 ‘‘A prosecution under section 1621(1), 1622 (in re7 gard to subornation of perjury under 1621(1)), or 1623 

8 of this title may be brought in the district in which the 

9 oath, declaration, certificate, verification, or statement 

10 under penalty of perjury is made or in which a proceeding 

11 takes place in connection with the oath, declaration, cer12 tificate, verification, or statement.’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 79 of title 18, 

15 United States Code, is amended by adding at the 

16 end the following: 

‘‘1624. Venue.’’. 

17 SEC. 16. AMENDMENT OF THE SENTENCING GUIDELINES 

18 RELATING TO CERTAIN CRIMES. 

19 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur20 suant to its authority under section 994(p) of title 28, 

21 United States Code, and in accordance with this section, 

22 the United States Sentencing Commission shall review and 

23 amend its guidelines and its policy statements applicable 

24 to persons convicted of an offense under sections 201, 641, 

25 and 666 of title 18, United States Code, in order to reflect 


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1 the intent of Congress that such penalties be increased 

2 in comparison to those currently provided by the guide3 lines and policy statements. 

4 (b) REQUIREMENTS.—In carrying out this section, 

5 the Commission shall— 

6 (1) ensure that the sentencing guidelines and 

7 policy statements reflect Congress’ intent that the 

8 guidelines and policy statements reflect the serious 

9 nature of the offenses described in subsection (a), 

10 the incidence of such offenses, and the need for an 

11 effective deterrent and appropriate punishment to 

12 prevent such offenses; 

13 (2) consider the extent to which the guidelines 

14 may or may not appropriately account for— 

15 (A) the potential and actual harm to the 

16 public and the amount of any loss resulting 

17 from the offense; 

18 (B) the level of sophistication and planning 

19 involved in the offense; 

20 (C) whether the offense was committed for 

21 purposes of commercial advantage or private fi22 nancial benefit; 

23 (D) whether the defendant acted with in24 tent to cause either physical or property harm 

25 in committing the offense; 


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1 (E) the extent to which the offense rep2 resented an abuse of trust by the offender and 

3 was committed in a manner that undermined 

4 public confidence in the Federal, State, or local 

5 government; and 

6 (F) whether the violation was intended to 

7 or had the effect of creating a threat to public 

8 health or safety, injury to any person or even 

9 death; 

10 (3) assure reasonable consistency with other 

11 relevant directives and with other sentencing guide12 lines; 

13 (4) account for any additional aggravating or 

14 mitigating circumstances that might justify excep15 tions to the generally applicable sentencing ranges; 

16 (5) make any necessary conforming changes to 

17 the sentencing guidelines; and 

18 (6) assure that the guidelines adequately meet 

19 the purposes of sentencing as set forth in section 

20 3553(a)(2) of title 18, United States Code. 


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1 SEC. 17. PERMITTING THE DISCLOSURE OF INFORMATION 

2 REGARDING POTENTIAL CRIMINAL ACTIVITY 

3 TO APPROPRIATE LAW ENFORCEMENT AU4 THORITIES. 

5 Section 360(a) of title 28, United States Code, is 

6 amended— 

7 (1) in paragraph (2), by striking ‘‘or’’ after the 

8 semicolon; 

9 (2) in paragraph (3), by striking the period and 

10 inserting ‘‘; or’’; and 

11 (3) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) disclosure of information regarding a po14 tential criminal offense may be made to the United 

15 States Department of Justice, a Federal, State, or 

16 local grand jury, or Federal, State, or local law en17 forcement agents.’’. 

Æ 


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