SECTION D

Suggested bill to amend criminal laws in reference to bribery and graft, claims against the Government, Government contracts, and other conduct of Government officers and employees:

82D CONGRESS 1ST SESSION

IN THE SENATE OF THE UNITED STATES

A BILL

To strengthen the criminal laws relating to bribery and graft, claims against the Government, Government contracts, and public officers and employees

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) so much of chapter 11 of title 18 of the United States Code as precedes section 211 is amended to read as follows:

"Sec.

"CHAPTER 11-BRIBERY AND GRAFT

"201. Offer to officer or other person.

"202. Acceptance or solicitation by officer or other person,

"203. Offer to Member of Congress.

"204. Acceptance or solicitation by Member of Congress.

"205. Offer to judge or judicial officer.

"206. Acceptance by judge.

"207. Acceptance or solicitation by judicial officer.

"208. Offer to witness.

"209. Acceptance by witness.

"210. Offer to procure appointive public office.

"211. Acceptance or solicitation to obtain appointive public office.

"212. Procurement of contract or other thing by officer or Member of Congress.

"213. Offer of loan or gratuity to bank examiner.

"214. Acceptance of loan or gratuity by bank examiner.

"215. Otter for procurement of Federal Reserve bank loan and discount of commercial paper.

"216. Receipt of commissions or gifts for procuring loans.

"217. Receipt or charge of commission or gifts for farm loan or land bank transactions.

"218. Acceptance of consideration for adjustment of farm indebtedness.

"219. Voiding transactions in violation of chapter, recovery by the United States.

"S 201. Offer to officer or other person

"Whoever, directly or indirectly, promises, offers, or gives, or commits any overt act intended or designed to be or lead to a promise, offer, or gift of, any money, emolument, fee, profit, commission, advantage, benefit, position, future position, employment, future employment, opportunity, future opportunity, advancement, future advancement, or other thing of value, or makes or tenders any check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, to any officer or employee or other person acting for or on behalf of the United States, or any agency thereof, in any official capacity, under or by virtue of the authority of any agency thereof, to any officer or person acting for or on behalf of any Member of or Delegate to Congress, or Resident Commissioner, of either House of Congress, of any committee of either House, or both Houses thereof, or to any person with the consent, connivance, or concurrence of such officer, employee or other person so acting, because of, for his attention to or services on, or with intent to influence his decision or action or to induce him to influence the decision, action, or vote of any other such officer, employee or person or of any Member of, or Delegate to Congress, or Resident Commissioner, on, any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him or such other person in his or such other person's official capacity, place of trust or profit, or with intent to influence him or induce him to influence another to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than $5,000 for each offense and three times the amount of such money or value of such emolument, fee, profit, commission, advantage, benefit, position, employment, opportunity, advancement, or other thing or imprisoned not more than three years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States, and from directly

or indirectly receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency.

"The offenses and penalties prescribed in this section shall be separate from, and in addition to those prescribed in sections 212, 213, and 215 of this title. § 202. Acceptance or solicitation by officer or other person

"Whoever, being an officer or employee of, or person acting for or on behalf of, the United States, in any official capacity, under or by virtue of the authority of any agency thereof, including the office of the United States attorney or United States marshal, or an officer or person acting for or on behalf of any Member of, or Delegate to, Congress, or either House of Congress, or of any committee of either House, or of both Houses thereof, directly or indirectly asks, demands, exacts, solicits, seeks, accepts, or agrees to receive or commits any overt act intended or designed to obtain any money, fee, promise, offer gift, emolument, fee, profit, commission, advantage, benefit, position, employment, opportunity, advancement, or other thing of value, or any promise, promise of future employment or business opportunity, check, order, contract, undertaking, obligations, gratuity or security for the payment of money or for the delivery or conveyance of anything of value, for or to him or any person with the consent, connivance, or concurrence of such officer, employee or other person so acting, because of, for his attention to or services on, or with intent to have his decision or action or the decision, action, or vote of any other such officer, employee, or person, or of any Member of, or Delegate to, Congress or Resident Commissioner, on, any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him or such other person in his or such other person's official capacity, place of trust or profit be influenced thereby, or with intent to be influenced or to influence any other person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to be induced to do or omit to do any act in violation of his lawful duty, shall be fined not more than $5,000 and three times the amount of such money or value of such promise, offer, gift, emolument, fee, profit, commission, advantage, position, employment, opportunity, advancement, or other thing, or imprisoned not more than three years, or both; and shall forfeit his office or place and be disqualified from holding any office of honor, trust, or profit under the United States and from directly or indirectly receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency thereof.

"The offenses and penalties prescribed in this section shall be separate from and in addition to those prescribed in sections 212, 214, 216, 217, and 218 of this title.

"Whoever, directly or indirectly, promises, offers, or gives, or commits any overt act intended or designed to be or to lead to a promise, offer, or gift of, any money, emolument, fee, profit, commission, advantage, benefit, position, employment, opportunity, advancement, or other thing of value, or makes or tenders any check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, to any Member of either House of Congress, or Delegate to Congress, or Resident Commissioner, either before or after he has qualified, or to any person with the consent, connivance, or concurrence of such Member, Delegate, or Resident Commissioner, because of, for his attention to or services on, or with intent to influence his action, vote, or decision, or to induce him to influence the action, vote, or decision of any other Member of or Delegate to Congress or Resident Commissioner, or of any officer or employee or person acting for or on behalf of the United States, or any agency thereof, in any official function, under or by authority of any such agency on, any question, matter, cause, or proceeding which may at any time be pending in any agency of the United States, or in either House of Congress, or before any committee thereof, or which by law may be brought before him or such other person in his or such other person's official capacity, place of trust or profit, or with intent to influence him or induce him to influence another to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than $5,000 for each offense and three times the amount of such money or value of such emolument, profit, advantage, benefit, position, employment, opportunity, advancement, or

other thing, or imprisoned not more than three years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States, and from directly or indirectly receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency thereof.

"The offenses and penalties prescribed in this section shall be separate from, and in addition to those prescribed in section 212 of this title.

"§ 204. Acceptance or solicitation by Member of Congress

"Whoever, being a Member of, or Delegate to, Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, or agrees to receive, or commits any overt act intended or designed to obtain, any money, promise, offer, gift, emolument, profit, commission, advantage, benefit, position, employment, opportunity, advancement, or other thing of value, or any promise, check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, for or to him or any person with the consent, connivance, or concurrence of such Member, Delegate, or Resident Commissioner, because of, for his attention to or services on, or with intent to have his action, vote, or decision or the decision, vote, or action of any other such Member of, or Delegate to, Congress, or Resident Commissioner, or of any officer or employee of, or person acting for or on behalf of, the United States, in any official capacity, under or by virtue of the authority of any agency thereof, be influenced thereby on, any question, matter, cause, or proceeding, which may at any time be pending in either House of Congress or before any committee thereof, or in any agency of the United States, or which by law may be brought before him or such other person in his or such other person's official capacity, place of trust or profit, or with intent to be influenced or to influence any other person to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to be induced to do or omit to do any act in violation of his lawful duty, shall be fined not more than $5,000 and three times the amount of such money or value of such promise, offer, gift, emolument, fee, profit, commission, advantage, benefit, position, employment, opportunity, advancement, or other thing, or imprisoned not more than three years, or both; and shall forfeit his office or place, and be disqualified from holding any office of honor, trust, or profit under the United States, and from directly or indirectly receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency thereof.

"The offenses and penalties prescribed in this section shall be separate from, and in addition to those prescribed in section 212 of this title.

"§ 205. Offer to judge or judicial officer

"Whoever, directly or indirectly, promises, gives, or offers, or commits any overt act intended or designed to be or lead to a promise, gift, or offer of, any money, emolument, fee, profit, commission, advantage, benefit, position, employment, opportunity, advancement, or other thing of value, or any promise or agreement therefor, or any other bribe, to any judge, juror, referee, arbitrator, appraiser, assessor, auditor, master, trustee, receiver, United States Commissioner, or other person authorized by any law of the United States to hear or determine any question, matter, cause, proceeding, or controversy, or to any person with the consent, connivance, or concurrence of such judge or such other officer, because of, for his attention to or services on, or with intent to influence his action, vote, opinion, or decision thereon, shall be fined not more than $20,000 and three times the amount of money or value of the thing or imprisoned not more than fifteen years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States or under either House of Congress or any committee of either House or both of them, and from directly or indirectly receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency thereof.

"§ 206. Acceptance by judge

"Whoever, being a judge of the United States, accepts or receives any sum of money or other bribe, present or reward, or any promise, check, order, contract, obligation, gift, or security for the payment of money, or for the delivery or conveyance of anything of value, because of or with intent to be influenced in any opinion, judgment, or decree in any suit, controversy, matter, or cause pending

before him, shall be fined not more than $20,000 or imprisoned not more than fifteen years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States, from practice before any court, commission, committee, or agency of the United States, and from directly or indirectly receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency thereof.

"§207. Acceptance or solicitation by judicial officer

"Whoever, being a juror, referee, arbitrator, appraiser, assessor, auditor, master, trustee, receiver, United States commissioner, or other person authorized by any law of the United States to hear or determine any question, matter, cause, controversy, or proceeding, asks, demands, exacts, solicits, seeks, accepts, or agrees to receive, or commits any overt act intended or designed to obtain, any money, offer, gift, emolument, profit, advantage, benefit, position, employment, opportunity, advancement, or other thing of value, or any promise or agreement therefor, for or to him or any person with his consent, connivance, or concurrence, because of, for his attention to, or services, or with intent to be influenced in his vote, opinion, action, judgment, or decision, shall be fined not more than $5,000 and three times the amount of such money or value of such thing, or imprisoned not more than three years, or both; and shall forfeit his office or place, and be disqualified from holding any office of honor, trust, or profit under the United States, from practice before any court, commission, committee, or agency of the United States, and from receiving or being awarded any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, or benefit by or for the United States or any agency thereof.

"§ 208. Offer to witness

"Whoever, directly or indirectly, gives or offers any money or thing of value, or any promise or agreement therefor, or any other bride to any person being, or about to be, a witness upon a trial, hearing, or other proceeding, before any court, committee of either House of Congress, or both Houses thereof, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, shall be fired not more than $5,000 and three times the amount of such money or value of such thing or bribe, or imprisoned not more than three years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States, and from directly or indirectly receiving or being awarded any contract, loan, grant, subsidy, license, permit, or privilege by or for the United States or any agency thereof.

"§ 209. Acceptance by witness

"Whoever, being, or about to be, a witness upon a trial, hearing, or other proceeding, before any court, committee of either House of Congress, or both Houses thereof, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, receives, or agrees or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, or because of such testimony, or such absence, shall be fined not more than $5,000 and three times the amount of such money or value of such thing or bribe, or imprisoned not more than three years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States and from directly or indirectly receiving or being awarded any contract, loan, grant, subsidy, license, permit, or privilege by or for the United States or any agency thereof."

(b) Sections 203, 211, 212, 213 and 223 of chapter 11 of title 18 of the United States Code are hereby repealed.

(c) Section 216 of title 18 of the United States Code is amended to read follows:

" 212. Procurement of contract or other thing by officer or Member of Congress "Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, or being an officer, employee, or agent of the United States, of any agency thereof, of either House of Congress, or of any committee of either House or both Houses thereof, directly or indirectly takes, receives, agrees to receive, asks, demands, exacts, solicits, or seeks, any

money or thing of value, for giving, procuring or aiding to procure to or for any person, any contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, service, benefit, product, certificate, ruling, decision, opinion, or rate schedule, from the United States or from any officer, department or agency thereof; or

Whoever, directly or indirectly, offers, gives, or agrees to give any money or thing of value for procuring or aiding to procure, any such contract, loan, grant, award, subsidy, license, right, permit, franchise, use, authority, privilege, service, benefit, product, certificate, ruling, decision, opinion, or rate schedule

"Shall be fined not more than $10,000 or imprisoned not more than three years, or both; and shall be disqualified from membership in either House of Congress or holding any office of honor, profit, or trust, under the United States or under either House of Congress or any committee of either House or both of them, and from receiving or being awarded any thing the giving or procurement of which is subject to penalty under this section."

(d) Sections 214, 215, 217, 218, 219, 220, 221, and 222 are respectively redesignated as sections 210, 211, 213, 214, 215, 216, 217, and 218.

(e) Chapter 11 of title 18 of the United States Code is further amended by adding at the end thereof the follwing new section:

"§ 219. Voiding transactions in violation of chapter, recovery by the United States

"The President or, under principles and standards prescribed by him, the head of the agency concerned, may declare void any contract, loan, grant, subsidy, license, right, permit, franchise, use, authority privilege, benefit, certificate, ruling, decision, opinion, or rate schedule awarded, granted, paid, furnished, issued, conferred, given, rendered, handed down, promulgated, prescribed, or published, or the performance of any service or transfer or delivery of any product, to, by, or for any agency of the United States or officer or employee of the United States or person acting on behalf thereof, in violation of this chapter and the United States shall be entitled to recover, in addition so any penalty prescribed in this title, the amount, or the reasonable value of the thing, involved."

SEC. 2. (a) So much of chapter 15 of title 18 of the United States Code as precedes section 286 is amended to read as follows:

"CHAPTER 15-CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT

"Sec.

"281. Compensation to Members of Congress, officers, and others in matters affecting the Government. 283. Officers or employees interested in claims and other matters affecting the Government. 284. Exemptions.

"285. Disqualification of former officers and employees in matters connected with former agencies. "286. Taking or using official papers.

"287. Conspiracy to defraud the Government with respect to claims.

"288. False, fictitious or fraudulent claims.

"289. False claims for postal losses.

"290. False claims for pensions.

291. Discharge papers withheld by claim agent.

"292. Purchase of claims for fees by court officials.

"293. Reporting compensation for representation in or before agencies.

"294. Docket for representation in or before agencies.

"§ 281. Compensation to Members of Congress, officers and others in matters affecting the Government

"Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, or an officer or employee of the United States or any agency, of any Member of or Delegate to Congress or Resident Commissioner, or of either House of Congress or any committee of either House or of both Houses, otherwise than as provided by law for the proper discharge of his official duties, directly or indirectly receives or agrees to receive, or asks, demands, exacts, solicits, or seeks, any compensation for any services rendered or to be rendered, either by himself or another, in relation to any cause, action, hearing, proceeding, contract, claim, demand, application, request, petition, motion, complaint, appeal, proposal, invitation, controversy, charge, accusation, arrest, or other matter in which the United States is a party or directly or indirectly interested, in or before either House of Congress, any committee of either House or both Houses, any agency, court martial, or officer, or any civil, military, or naval commission, shall be fined not more than $10,000 or imprisoned not more than two years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States.