S.Amdt. 2924Senate109th Congress (2005-2007)

S.Amdt. 2924

What it does: Adds SEC. __. HONEST SERVICES ACT OF 2006 wherever appropriate
Submitted March 7, 2006

What it changes

1 change to S. 2349

Adds a section
  1. Adds SEC. __. HONEST SERVICES ACT OF 2006 wherever appropriate

    Adds a section

    Inserted: SEC. __. HONEST SERVICES ACT OF 2006.

    Inserted: (a) Short Title.--This section may be cited as the "Honest Services Act of 2006 ".

    Inserted: (b) Honest Services Fraud Involving Members of Congress.--

    Inserted: (1) In general.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following:

    Inserted: "Sec. 1351. Honest services fraud involving members of Congress

    Inserted: "(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--

    Inserted: "(1) offering and providing to a Member of Congress, or an employee of a Member of Congress, anything of value, with the intent to influence the performance an official act; or

    Inserted: "(2) being a Member of Congress, or an employee of a Member of Congress, accepting anything of value or holding an undisclosed financial interest, with the intent to be influenced in performing an official act; shall be fined under this title or imprisoned not more than 20 years, or both.

    Inserted: "(b) Definitions.--In this section:

    Inserted: "(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.

    Inserted: "(2) Official act.--The term 'official act'--

    Inserted: "(A) has the meaning given that term in section 201(a)(3) of this title; and

    Show 8 more inserted paragraphs

    Inserted: "(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.

    Inserted: "(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.

    Inserted: "(c) No Inference and Scope.--Nothing in this section shall be construed to--

    Inserted: "(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

    Inserted: "(2) limit the scope of any existing criminal or civil offense.".

    Inserted: (2) Chapter analysis.--The chapter analysis for chapter 63 of title 18, United States Code is amended by adding at the end, the following:

    Inserted: "1351. Honest services fraud involving Members of Congress.".

    Inserted: (c) 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 section.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 2924. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 2349, to provide greater transparency in the legislative process; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. HONEST SERVICES ACT OF 2006.

(a) Short Title.--This section may be cited as the “Honest Services Act of 2006 ”.

(b) Honest Services Fraud Involving Members of Congress.--

(1) In general.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following:

“Sec. 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, with the intent to influence the performance an official act; or

“(2) being a Member of Congress, or an employee of a Member of Congress, accepting anything of value or holding an undisclosed financial interest, with the intent to be influenced in performing an official act; 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.”.

(2) 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.”.

(c) 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 section.

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Senate amendment submitted

March 7, 2006