S. 3854Senate111th Congress (2009-2011)In Committee

Honest Services Restoration Act

Introduced September 28, 2010

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7631-7632)

September 28, 2010

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SenateIntro Referral

Introduced in Senate

September 28, 2010

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S7631)

September 28, 2010

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S7631-7632)

September 28, 2010

Floor Debate

14 members

What members said about S. 3854 on the floor

2 Republicans12 Democrats
Mark R. Warner
Sen. Mark R. WarnerD-VA · Sep 28, 2010

Mr. President, I rise to offer new legislation that I urge all my colleagues from both sides of the aisle to support. I am pleased to be joined by Senators Carper, Akaka, Lieberman, Collins, and…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Sep 28, 2010

Mr. President, today, I am pleased to introduce the Honest Services Restoration Act with Senator Whitehouse and Senator Kaufman. The legislation will restore critical tools used by investigators and…

Maria Cantwell
Sen. Maria CantwellD-WA · Sep 28, 2010

Mr. President, today I am introducing legislation that will unleash a wave of investment in clean renewable energy. The Clean Renewable Energy Investment Act of 2010 will remove the arbitrary cap on…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 28, 2010

Mr. President, I thank my colleague from the Commonwealth of Pennsylvania for speaking out for this important program. I know there are many jobs in his State which are at stake with this decision by…

John F. Kerry
Sen. John F. KerryD-MA · Sep 28, 2010

Mr. President, I come to the floor today to support extending a critically needed program that provides hope to 250,000 of our poorest families. I am joined by Senators Durbin, Casey, Sherrod Brown,…

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Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Sep 28, 2010

Mr. President, I am pleased to join Senators Carper, Warner, Collins, Lieberman, and Voinovich in introducing the GPRA Modernization Act of 2010. As an original cosponsor of the Government…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Sep 28, 2010

Mr. President, today I rise to recognize the need for a health care professional skilled in caring for the specific needs of a growing elderly population. In the next 30 years we will see a unique…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Sep 28, 2010

Mr. President, today, I am pleased to introduce the Honest Services Restoration Act with Senator Whitehouse and Senator Kaufman. The legislation will restore critical tools used by investigators and…

Scott P. Brown
Sen. Scott P. Brown R-MA · Sep 28, 2010

Mr. President, I come to the floor today to speak about a bill that I am introducing today along with several of my Senate colleagues. My bill protects the lives of the most vulnerable among us our…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Sep 28, 2010

Mr. President, today, as Chairman of the Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security, I offer a piece of legislation, along with…

Kay  R. Hagan
Sen. Kay R. HaganD-NC · Sep 28, 2010

Mr. President, today I am proud to introduce the Healthy Media for Youth Act. The purpose of this bill is to promote positive media depictions of girls and women among our nation's youth. The…

Blanche L. Lincoln
Sen. Blanche L. LincolnD-AR · Sep 28, 2010

Mr. President, I rise today to introduce a bill which will protect the great American traditions of hunting, fishing, and recreational shooting from actions that will drive up the costs of…

Robert P. Casey Jr.
Sen. Robert P. Casey Jr.D-PA · Sep 28, 2010

Mr. President, I rise to speak about a piece of legislation just introduced, S. 3849, the Job Preservation for Parents in Poverty Act, which is simply an extension of a program that has placed tens…

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John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · Sep 28, 2010

Mr. President, I rise today to introduce the Monongahela Conservation Legacy Act of 2010. This important piece of legislation sets aside 6,042 acres of the Monongahela National Forest on North Fork…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Sep 28, 2010

Mr. President, reserving the right to object, and I will object, the majority has known this program was going to expire at the end of this month all year and has taken no steps to reauthorize this…

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 28, 2010

II

111th CONGRESS

2d Session

S. 3854

IN THE SENATE OF THE UNITED STATES

September 28, 2010

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

A BILL

To expand the definition of scheme or artifice to defraud with respect to mail and wire fraud.

1.

Short title

This Act may be cited as the Honest Services Restoration Act.

2.

Amendment to title 18

(a)

In general

Chapter 63 of title 18, United States Code, is amended by inserting after section 1346 the following:

1346A.

Definition of scheme or artifice to defraud

(a)

For purposes of this chapter, the term scheme or artifice to defraud also includes—

(1)

a scheme or artifice by a public official to engage in undisclosed self-dealing; or

(2)

a scheme or artifice by officers and directors to engage in undisclosed private self-dealing.

(b)
(1)

In subsection (a)(1)—

(A)

the term undisclosed self-dealing means that—

(i)

a public official performs an official act for the purpose, in whole or in part, of benefitting or furthering a financial interest of—

(I)

the public official;

(II)

the public official’s spouse or minor child;

(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)

a person, business, or organization from whom the public official has received a thing of value or a series of things of value, otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation; and

(ii)

the public official knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official;

(B)

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;

(C)

the term official act—

(i)

includes any act within the range of official duty, and any decision, recommendation, 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;

(ii)

can be a single act, more than one act, or a course of conduct; and

(iii)

includes a decision or recommendation that the Government should not take action; and

(D)

the term State includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(2)

In subsection (a)(2)—

(A)

the term undisclosed private self-dealing means that—

(i)

an officer or director performs an act which causes or is intended to cause harm to the officer’s or director's employer, and which is undertaken in whole or in part to benefit or further by an actual or intended value of $5,000 or more a financial interest of—

(I)

the officer or director;

(II)

the officer or director’s spouse or minor child;

(III)

a general partner of the officer or director;

(IV)

another business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; or

(V)

an individual, business, or organization with whom the officer or director is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and

(ii)

the officer or director knowingly falsifies, conceals, or covers up material information that is required to be disclosed regarding that financial interest by any Federal, State, or local statute, rule, regulation, or charter applicable to the officer or director, or knowingly fails to disclose material information regarding that financial interest in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the officer or director;

(B)

the term employer includes publicly traded corporations, and private charities under section 501(c)(3) of the Internal Revenue Code of 1986; and

(C)

the term act includes a decision or recommendation to take, or not to take action, and can be a single act, more than one act, or a course of conduct.

.

(b)

Chapter analysis

The chapter analysis for chapter 63 of title 18, United States Code, is amended by inserting after the item for section 1346 the following:

.