Cornyn-Leahy Anti-Public Corruption Bill Passes Judiciary Committee

Press Release

Date: March 12, 2009


Cornyn-Leahy Anti-Public Corruption Bill Passes Judiciary Committee

The Senate Judiciary Committee voted Thursday to report the Public Corruption Prosecution Improvements Act, legislation to give prosecutors expanded tools to identify, investigate and prosecute public officials who have committed criminal corruption. Sens. Patrick Leahy, D-Vt., and John Cornyn, R-Texas, introduced the bill on Jan. 6.

The Public Corruption Prosecution Improvements Act would strengthen existing federal criminal law for acts of public corruption. It also would authorize funding to increase resources for prosecutors to investigate and prosecute corruption by public officials. The bill also closes a loophole in existing law by broadening the definition of what it means for a public official to perform an ‘official act' under the bribery statute.

Cornyn said, "Public corruption is not new, not geographically isolated, nor is it a partisan issue. But it's a problem I believe needs to be addressed now. This legislation strengthens our efforts to combat public corruption by making substantive reforms to public corruption laws, and by giving prosecutors new tools to use in their battle against corrupt officials. I hope my colleagues will join me and Sen. Leahy in our effort to combat public corruption and support our legislation to ensure authorities have the resources needed to prosecute those who betray that trust to the fullest extent of the law."

Leahy said, "The stain of corruption has spread to all levels of government. It is an issue that both parties must address. This is a problem that victimizes every American by chipping away at the foundations of our democracy and, too often, loopholes in existing laws have meant that corrupt conduct can go unchecked. I hope Congress will enact this meaningful legislation to give investigators and prosecutors the tools and resources they need to enforce our laws."

The Public Corruption Prosecution Improvements Act also amends the federal bribery statute to make clear that a corrupt payment can be made to influence more than one official act, and amends the federal gratuities statute to clarify that a public official may not accept anything of value, other than as permitted by existing rules or regulations, given to them because of their official position. The bill also increases the penalties for conduct in violation of the public corruption laws.

Before the Committee ordered the legislation to be reported to the full Senate by a voice vote, it adopted a substitute amendment which made the following changes:
• Added a definition of "rule or regulation."
• Strikes from 201(c)(1)(B) the words "otherwise than as provided by law for the proper discharge of official duty" in order to make clear that the new language at the top of 201(c)(1) saying "otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation" governs all parts of section 201(c)(1).
• Changes the venue language in Section 15 of the bill to specify which obstruction and which perjury statutes are covered by this change.


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