Page:United States Statutes at Large Volume 103 Part 2.djvu/743

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PUBLIC LAW 101-194—NOV. 30, 1989 103 STAT. 1753 integrity of the services the Government may expect from the employee,". SEC. 406. AMENDMENT TO SECTION 209 OF TITLE 18, UNITED STATES CODE. Section 209(a) of title 18, United States Code, is amended by striking "Shall be fined not more than $5,000 or imprisoned not more than one year, or both." and inserting "Shall be subject to the penalties set forth in section 216 of this title.". SEC. 407. PENALTIES AND INJUNCTIONS. (a) IN GENERAL.—Chapter 11 of title 18, United States Code, is amended by inserting after section 215 the following new section: "§ 216. Penalties and injunctions "(a) The punishment for an offense under sections 203, 204, 205, 207, 208, and 209 of this title is the following: "(1) Whoever engages in the conduct constituting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both. "(2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or nned in the amount set forth in this title, or both. "G)) The Attorney General may bring a civil action in the appro- priate United States district court against any person who engages in conduct constituting an offense under sections 203, 204, 205, 207, 208, and 209 of this title and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohib- ited conduct, whichever amount is greater. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or admmistrative remedy, which is available by law to the United States or any other person. "(c) If the Attorney General has reason to believe that a person is engaging in conduct constituting an offense under section 203, 204, 205, 207, 208, or 209 of this title, the Attorney General may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedv which is available by law to the United States or any other person.. (b) TABLE OP SECTIONS.—The table of sections at the beginning of chapter 11 of title 18, United States Code, is amended by inserting after the item relating to section 215 the following: "216. Penalties and injunctions.". TITLE V—OTHER ETHICS REFORMS SEC. 501. REFERRAL OF ETHICS VIOLATIONS BY THE SENATE ETHICS 2 USC 72a-lg. COMMITTEE TO THE GENERAL ACCOUNTING OFFICE FOR INVESTIGATION. If the Committee on Ethics of the Senate determines that there is a reasonable basis to believe that a Member, officer, or employee of the Senate may have committed an ethics violation, the committee may request the Office of Special Investigations of the General