I 

112TH CONGRESS 

2D SESSION H. R. 4054 

To amend the Lobbying Disclosure Act of 1995 to require the disclosure 

of political intelligence activities, to amend title 18, United States Code, 

to enhance the prosecution of public corruption, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2012 

Mr. WALZ of Minnesota (for himself, Ms. SLAUGHTER, and Mr. QUIGLEY) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To amend the Lobbying Disclosure Act of 1995 to require 

the disclosure of political intelligence activities, to amend 

title 18, United States Code, to enhance the prosecution 

of public corruption, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restore Public Trust 

5 Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short title. 

Sec. 2. Table of Contents. 


TKELLEY on DSK3SPTVN1PROD with BILLS
2 

•HR 4054 IH

TITLE I—DISCLOSURE OF POLITICAL INTELLIGENCE 

Sec. 101. Disclosure of political intelligence activities under Lobbying Disclosure Act. 

Sec. 102. Effective date. 

TITLE II—PUBLIC CORRUPTION PROSECUTION IMPROVEMENTS 

Sec. 201. Venue for Federal offenses. 

Sec. 202. Theft or bribery concerning programs receiving Federal financial assistance. 

Sec. 203. Penalty for Section 641 violations. 

Sec. 204. Bribery and graft; clarification of definition of ‘‘Official Act’’; clarification of the crime of illegal gratuities. 

Sec. 205. Amendment of the sentencing guidelines relating to certain crimes. 

Sec. 206. Extension of statute of limitations for serious public corruption offenses. 

Sec. 207. Increase of maximum penalties for certain public corruption related 

offenses. 

Sec. 208. Additional wiretap predicates. 

Sec. 209. Expanding venue for perjury and obstruction of justice proceedings. 

Sec. 210. Prohibition on undisclosed self-dealing by public officials. 

Sec. 211. Disclosure of information in complaints against judges. 

Sec. 212. Clarification of exemption in certain bribery offenses. 

Sec. 213. Certifications regarding appeals by United States. 

1 TITLE I—DISCLOSURE OF 

2 POLITICAL INTELLIGENCE 

3 SEC. 101. DISCLOSURE OF POLITICAL INTELLIGENCE AC4 TIVITIES UNDER LOBBYING DISCLOSURE 

5 ACT. 

6 (a) DEFINITIONS.—Section 3 of the Lobbying Disclo7 sure Act of 1995 (2 U.S.C. 1602) is amended— 

8 (1) in paragraph (2)— 

9 (A) by inserting after ‘‘lobbying activities’’ 

10 each place that term appears the following: ‘‘or 

11 political intelligence activities’’; and 

12 (B) by inserting after ‘‘lobbyists’’ the fol13 lowing: ‘‘or political intelligence consultants’’; 

14 and 


TKELLEY on DSK3SPTVN1PROD with BILLS
3 

•HR 4054 IH

1 (2) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(17) POLITICAL INTELLIGENCE ACTIVITIES.— 

4 The term ‘political intelligence activities’ means po5 litical intelligence contacts and efforts in support of 

6 such contacts, including preparation and planning 

7 activities, research, and other background work that 

8 is intended, at the time it is performed, for use in 

9 such contacts, and coordination with such contacts 

10 and efforts of others. 

11 ‘‘(18) POLITICAL INTELLIGENCE CONTACT.— 

12 ‘‘(A) DEFINITION.—The term ‘political in13 telligence contact’ means any oral or written 

14 communication (including an electronic commu15 nication) to or from a covered executive branch 

16 official or a covered legislative branch official, 

17 the information derived from which is intended 

18 for use in analyzing securities or commodities 

19 markets, or in informing investment decisions, 

20 and which is made on behalf of a client with re21 gard to— 

22 ‘‘(i) the formulation, modification, or 

23 adoption of Federal legislation (including 

24 legislative proposals); 


TKELLEY on DSK3SPTVN1PROD with BILLS
4 

•HR 4054 IH

1 ‘‘(ii) the formulation, modification, or 

2 adoption of a Federal rule, regulation, Ex3 ecutive order, or any other program, policy, 

4 or position of the United States Govern5 ment; or 

6 ‘‘(iii) the administration or execution 

7 of a Federal program or policy (including 

8 the negotiation, award, or administration 

9 of a Federal contract, grant, loan, permit, 

10 or license). 

11 ‘‘(B) EXCEPTION.—The term ‘political in12 telligence contact’ does not include a commu13 nication that is made by or to a representative 

14 of the media if the purpose of the communica15 tion is gathering and disseminating news and 

16 information to the public. 

17 ‘‘(19) POLITICAL INTELLIGENCE FIRM.—The 

18 term ‘political intelligence firm’ means a person or 

19 entity that has 1 or more employees who are polit20 ical intelligence consultants to a client other than 

21 that person or entity. 

22 ‘‘(20) POLITICAL INTELLIGENCE CONSULT23 ANT.—The term ‘political intelligence consultant’ 

24 means any individual who is employed or retained by 

25 a client for financial or other compensation for servVerDate Mar 15 2010 23:21 Feb 17, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4054.IH H4054

TKELLEY on DSK3SPTVN1PROD with BILLS
5 

•HR 4054 IH

1 ices that include one or more political intelligence 

2 contacts.’’. 

3 (b) REGISTRATION REQUIREMENT.—Section 4 of the 

4 Lobbying Disclosure Act of 1995 (2 U.S.C. 1603) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) by inserting after ‘‘whichever is 

9 earlier,’’ the following: ‘‘or a political intel10 ligence consultant first makes a political 

11 intelligence contact,’’; and 

12 (ii) by inserting after ‘‘such lobbyist’’ 

13 each place that term appears the following: 

14 ‘‘or consultant’’; 

15 (B) in paragraph (2), by inserting after 

16 ‘‘lobbyists’’ each place that term appears the 

17 following: ‘‘or political intelligence consultants’’; 

18 and 

19 (C) in paragraph (3)(A)— 

20 (i) by inserting after ‘‘lobbying activi21 ties’’ each place that term appears the fol22 lowing: ‘‘and political intelligence activi23 ties’’; and 


TKELLEY on DSK3SPTVN1PROD with BILLS
6 

•HR 4054 IH

1 (ii) in clause (i), by inserting after 

2 ‘‘lobbying firm’’ the following: ‘‘or political 

3 intelligence firm’’; 

4 (2) in subsection (b)— 

5 (A) in paragraph (3), by inserting after 

6 ‘‘lobbying activities’’ each place that term ap7 pears the following: ‘‘or political intelligence ac8 tivities’’; 

9 (B) in paragraph (4)— 

10 (i) in the matter preceding subpara11 graph (A), by inserting after ‘‘lobbying ac12 tivities’’ the following: ‘‘or political intel13 ligence activities’’; and 

14 (ii) in subparagraph (C), by inserting 

15 after ‘‘lobbying activity’’ the following: ‘‘or 

16 political intelligence activity’’; 

17 (C) in paragraph (5), by inserting after 

18 ‘‘lobbying activities’’ each place that term ap19 pears the following: ‘‘or political intelligence ac20 tivities’’; 

21 (D) in paragraph (6), by inserting after 

22 ‘‘lobbyist’’ each place that term appears the fol23 lowing: ‘‘or political intelligence consultant’’; 

24 and 


TKELLEY on DSK3SPTVN1PROD with BILLS
7 

•HR 4054 IH

1 (E) in the matter following paragraph (6), 

2 by inserting ‘‘or political intelligence activities’’ 

3 after ‘‘such lobbying activities’’; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1), by inserting after 

6 ‘‘lobbying contacts’’ the following: ‘‘or political 

7 intelligence contacts’’; and 

8 (B) in paragraph (2)— 

9 (i) by inserting after ‘‘lobbying con10 tact’’ the following: ‘‘or political intel11 ligence contact’’; and 

12 (ii) by inserting after ‘‘lobbying con13 tacts’’ the following: ‘‘and political intel14 ligence contacts’’; and 

15 (4) in subsection (d), by inserting after ‘‘lob16 bying activities’’ each place that term appears the 

17 following: ‘‘or political intelligence activities’’. 

18 (c) REPORTS BY REGISTERED POLITICAL INTEL19 LIGENCE CONSULTANTS.—Section 5 of the Lobbying Dis20 closure Act of 1995 (2 U.S.C. 1604) is amended— 

21 (1) in subsection (a), by inserting after ‘‘lob22 bying activities’’ the following: ‘‘and political intel23 ligence activities’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (2)— 


TKELLEY on DSK3SPTVN1PROD with BILLS
8 

•HR 4054 IH

1 (i) in the matter preceding subpara2 graph (A), by inserting after ‘‘lobbying ac3 tivities’’ the following: ‘‘or political intel4 ligence activities’’; 

5 (ii) in subparagraph (A)— 

6 (I) by inserting after ‘‘lobbyist’’ 

7 the following: ‘‘or political intelligence 

8 consultant’’; and 

9 (II) by inserting after ‘‘lobbying 

10 activities’’ the following: ‘‘or political 

11 intelligence activities’’; 

12 (iii) in subparagraph (B), by inserting 

13 after ‘‘lobbyists’’ the following: ‘‘and polit14 ical intelligence consultants’’; and 

15 (iv) in subparagraph (C), by inserting 

16 after ‘‘lobbyists’’ the following: ‘‘or political 

17 intelligence consultants’’; 

18 (B) in paragraph (3)— 

19 (i) by inserting after ‘‘lobbying firm’’ 

20 the following: ‘‘or political intelligence 

21 firm’’; and 

22 (ii) by inserting after ‘‘lobbying activi23 ties’’ each place that term appears the fol24 lowing: ‘‘or political intelligence activities’’; 

25 and 


TKELLEY on DSK3SPTVN1PROD with BILLS
9 

•HR 4054 IH

1 (C) in paragraph (4), by inserting after 

2 ‘‘lobbying activities’’ each place that term ap3 pears the following: ‘‘or political intelligence ac4 tivities’’; and 

5 (3) in subsection (d)(1), in the matter pre6 ceding subparagraph (A), by inserting ‘‘or a political 

7 intelligence consultant’’ after ‘‘a lobbyist’’. 

8 (d) DISCLOSURE AND ENFORCEMENT.—Section 6(a) 

9 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) 

10 is amended— 

11 (1) in paragraph (3)(A), by inserting after ‘‘lob12 bying firms,’’ the following: ‘‘political intelligence 

13 consultants, political intelligence firms,’’; 

14 (2) in paragraph (7), by striking ‘‘or lobbying 

15 firm’’ and inserting ‘‘, lobbying firm, political intel16 ligence consultant, or political intelligence firm’’; and 

17 (3) in paragraph (8), by striking ‘‘or lobbying 

18 firm’’ and inserting ‘‘, lobbying firm, political intel19 ligence consultant, or political intelligence firm’’. 

20 (e) RULES OF CONSTRUCTION.—Section 8(b) of the 

21 Lobbying Disclosure Act of 1995 (2 U.S.C. 1607(b)) is 

22 amended by striking ‘‘or lobbying contacts’’ and inserting 

23 ‘‘, lobbying contacts, political intelligence activities, or po24 litical intelligence contacts’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
10 

•HR 4054 IH

1 (f) IDENTIFICATION OF CLIENTS AND COVERED OF2 FICIALS.—Section 14 of the Lobbying Disclosure Act of 

3 1995 (2 U.S.C. 1609) is amended— 

4 (1) in subsection (a)— 

5 (A) in the heading, by inserting ‘‘OR PO6 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

7 (B) by inserting ‘‘or political intelligence 

8 contact’’ after ‘‘lobbying contact’’ each place 

9 that term appears; and 

10 (C) in paragraph (2), by inserting ‘‘or po11 litical intelligence activity, as the case may be’’ 

12 after ‘‘lobbying activity’’; 

13 (2) in subsection (b)— 

14 (A) in the heading, by inserting ‘‘OR PO15 LITICAL INTELLIGENCE’’ after ‘‘LOBBYING’’; 

16 (B) by inserting ‘‘or political intelligence 

17 contact’’ after ‘‘lobbying contact’’ each place 

18 that term appears; and 

19 (C) in paragraph (2), by inserting ‘‘or po20 litical intelligence activity, as the case may be’’ 

21 after ‘‘lobbying activity’’; and 

22 (3) in subsection (c), by inserting ‘‘or political 

23 intelligence contact’’ after ‘‘lobbying contact’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
11 

•HR 4054 IH

1 (g) ANNUAL AUDITS AND REPORTS BY COMP2 TROLLER GENERAL.—Section 26 of the Lobbying Disclo3 sure Act of 1995 (2 U.S.C. 1614) is amended— 

4 (1) in subsection (a)— 

5 (A) by inserting ‘‘political intelligence 

6 firms, political intelligence consultants,’’ after 

7 ‘‘lobbying firms,’’; and 

8 (B) by striking ‘‘lobbying registrations’’ 

9 and inserting ‘‘registrations’’; 

10 (2) in subsection (b)(1)(A), by inserting ‘‘polit11 ical intelligence firms, political intelligence consult12 ants,’’ after ‘‘lobbying firms,’’; and 

13 (3) in subsection (c), by inserting ‘‘or political 

14 intelligence consultant’’ after ‘‘a lobbyist’’. 

15 SEC. 102. EFFECTIVE DATE. 

16 The amendments made by this title shall apply with 

17 respect to any political intelligence contact (as defined in 

18 section 3 of the Lobbying Disclosure Act of 1995, as 

19 added by section 101 of this Act) that is made on or after 

20 the 45th day after the date of the enactment of this Act. 

21 TITLE II—PUBLIC CORRUPTION 

22 PROSECUTION IMPROVEMENTS 

23 SEC. 201. VENUE FOR FEDERAL OFFENSES. 

24 (a) IN GENERAL.—The second undesignated para25 graph of section 3237(a) of title 18, United States Code, 


TKELLEY on DSK3SPTVN1PROD with BILLS
12 

•HR 4054 IH

1 is amended by adding before the period at the end the 

2 following: ‘‘or in any district in which an act in further3 ance of the offense is committed’’. 

4 (b) SECTION HEADING.—The heading for section 

5 3237 of title 18, United States Code, is amended to read 

6 as follows: 

7 ‘‘§ 3237. Offense taking place in more than one dis8 trict’’. 

9 (c) TABLE OF SECTIONS.—The table of sections at 

10 the beginning of chapter 211 of title 18, United States 

11 Code, is amended so that the item relating to section 3237 

12 reads as follows: 

‘‘3237. Offense taking place in more than one district.’’. 

13 SEC. 202. THEFT OR BRIBERY CONCERNING PROGRAMS RE14 CEIVING FEDERAL FINANCIAL ASSISTANCE. 

15 Section 666(a) of title 18, United States Code, is 

16 amended— 

17 (1) by striking ‘‘10 years’’ and inserting ‘‘20 

18 years’’; 

19 (2) by striking ‘‘$5,000’’ the second place and 

20 the third place it appears and inserting ‘‘$1,000’’; 

21 (3) by striking ‘‘anything of value’’ each place 

22 it appears and inserting ‘‘any thing or things of 

23 value’’; and 

24 (4) in paragraph (1)(B), by inserting after ‘‘any 

25 thing’’ the following: ‘‘or things’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
13 

•HR 4054 IH

1 SEC. 203. PENALTY FOR SECTION 641 VIOLATIONS. 

2 Section 641 of title 18, United States Code, is 

3 amended by striking ‘‘ten years’’ and inserting ‘‘15 

4 years’’. 

5 SEC. 204. BRIBERY AND GRAFT; CLARIFICATION OF DEFINI6 TION OF ‘‘OFFICIAL ACT’’; CLARIFICATION OF 

7 THE CRIME OF ILLEGAL GRATUITIES. 

8 (a) DEFINITION.—Section 201(a) of title 18, United 

9 States Code, is amended— 

10 (1) in paragraph (2), by striking ‘‘and’’ at the 

11 end; 

12 (2) by amending paragraph (3) to read as fol13 lows: 

14 ‘‘(3) the term ‘official act’— 

15 ‘‘(A) means any act within the range of of16 ficial duty, and any decision or action on any 

17 question, matter, cause, suit, proceeding, or 

18 controversy, which may at any time be pending, 

19 or which may by law be brought before any 

20 public official, in such public official’s official 

21 capacity or in such official’s place of trust or 

22 profit; and 

23 ‘‘(B) may be a single act, more than 1 act, 

24 or a course of conduct; and’’; and 

25 (3) by adding at the end the following: 


TKELLEY on DSK3SPTVN1PROD with BILLS
14 

•HR 4054 IH

1 ‘‘(4) the term ‘rule or regulation’ means a Fed2 eral regulation or a rule of the House of Representa3 tives or the Senate, including those rules and regula4 tions governing the acceptance of gifts and campaign 

5 contributions.’’. 

6 (b) CLARIFICATION.—Section 201(c)(1) of title 18, 

7 United States Code, is amended to read as follows: 

8 ‘‘(1) otherwise than as provided by law for the 

9 proper discharge of official duty, or by rule or regu10 lation— 

11 ‘‘(A) directly or indirectly gives, offers, or 

12 promises any thing or things of value to any 

13 public official, former public official, or person 

14 selected to be a public official for or because of 

15 any official act performed or to be performed by 

16 such public official, former public official, or 

17 person selected to be a public official; 

18 ‘‘(B) directly or indirectly, knowingly gives, 

19 offers, or promises any thing or things of value 

20 with an aggregate value of not less than $1,000 

21 to any public official, former public official, or 

22 person selected to be a public official for or be23 cause of the official’s or person’s official posi24 tion; 


TKELLEY on DSK3SPTVN1PROD with BILLS
15 

•HR 4054 IH

1 ‘‘(C) being a public official, former public 

2 official, or person selected to be a public offi3 cial, directly or indirectly, knowingly demands, 

4 seeks, receives, accepts, or agrees to receive or 

5 accept any thing or things of value with an ag6 gregate value of not less than $1,000 for or be7 cause of the official’s or person’s official posi8 tion; or 

9 ‘‘(D) being a public official, former public 

10 official, or person selected to be a public offi11 cial, directly or indirectly demands, seeks, re12 ceives, accepts, or agrees to receive or accept 

13 any thing or things of value for or because of 

14 any official act performed or to be performed by 

15 such official or person;’’. 

16 SEC. 205. AMENDMENT OF THE SENTENCING GUIDELINES 

17 RELATING TO CERTAIN CRIMES. 

18 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur19 suant to its authority under section 994(p) of title 28, 

20 United States Code, and in accordance with this section, 

21 the United States Sentencing Commission forthwith shall 

22 review and, if appropriate, amend its guidelines and its 

23 policy statements applicable to persons convicted of an of24 fense under section 201, 641, 1346A, or 666 of title 18, 

25 United States Code, in order to reflect the intent of ConVerDate Mar 15 2010 23:21 Feb 17, 2012 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4054.IH H4054

TKELLEY on DSK3SPTVN1PROD with BILLS
16 

•HR 4054 IH

1 gress that such penalties meet the requirements in sub2 section (b) of this section. 

3 (b) REQUIREMENTS.—In carrying out this sub4 section, the Commission shall— 

5 (1) ensure that the sentencing guidelines and 

6 policy statements reflect Congress’s intent that the 

7 guidelines and policy statements reflect the serious 

8 nature of the offenses described in paragraph (1), 

9 the incidence of such offenses, and the need for an 

10 effective deterrent and appropriate punishment to 

11 prevent such offenses; 

12 (2) consider the extent to which the guidelines 

13 may or may not appropriately account for— 

14 (A) the potential and actual harm to the 

15 public and the amount of any loss resulting 

16 from the offense; 

17 (B) the level of sophistication and planning 

18 involved in the offense; 

19 (C) whether the offense was committed for 

20 purposes of commercial advantage or private fi21 nancial benefit; 

22 (D) whether the defendant acted with in23 tent to cause either physical or property harm 

24 in committing the offense; 


TKELLEY on DSK3SPTVN1PROD with BILLS
17 

•HR 4054 IH

1 (E) the extent to which the offense rep2 resented an abuse of trust by the offender and 

3 was committed in a manner that undermined 

4 public confidence in the Federal, State, or local 

5 government; and 

6 (F) whether the violation was intended to 

7 or had the effect of creating a threat to public 

8 health or safety, injury to any person or even 

9 death; 

10 (3) assure reasonable consistency with other 

11 relevant directives and with other sentencing guide12 lines; 

13 (4) account for any additional aggravating or 

14 mitigating circumstances that might justify excep15 tions to the generally applicable sentencing ranges; 

16 (5) make any necessary conforming changes to 

17 the sentencing guidelines; and 

18 (6) assure that the guidelines adequately meet 

19 the purposes of sentencing as set forth in section 

20 3553(a)(2) of title 18, United States Code. 

21 SEC. 206. EXTENSION OF STATUTE OF LIMITATIONS FOR 

22 SERIOUS PUBLIC CORRUPTION OFFENSES. 

23 (a) IN GENERAL.—Chapter 213 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


TKELLEY on DSK3SPTVN1PROD with BILLS
18 

•HR 4054 IH

1 ‘‘§ 3302. Corruption offenses 

2 ‘‘Unless an indictment is returned or the information 

3 is filed against a person within 6 years after the commis4 sion of the offense, a person may not be prosecuted, tried, 

5 or punished for a violation of, or a conspiracy or an at6 tempt to violate the offense in— 

7 ‘‘(1) section 201 or 666; 

8 ‘‘(2) section 1341 or 1343, when charged in 

9 conjunction with section 1346 and where the offense 

10 involves a scheme or artifice to deprive another of 

11 the intangible right of honest services of a public of12 ficial; 

13 ‘‘(3) section 1951, if the offense involves extor14 tion under color of official right; 

15 ‘‘(4) section 1952, to the extent that the unlaw16 ful activity involves bribery; or 

17 ‘‘(5) section 1962, to the extent that the racket18 eering activity involves bribery chargeable under 

19 State law, involves a violation of section 201 or 666, 

20 section 1341 or 1343, when charged in conjunction 

21 with section 1346 and where the offense involves a 

22 scheme or artifice to deprive another of the intan23 gible right of honest services of a public official, or 

24 section 1951, if the offense involves extortion under 

25 color of official right.’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
19 

•HR 4054 IH

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 213 of title 18, United States 

3 Code, is amended by adding at the end the following new 

4 item: 

‘‘3302. Corruption offenses.’’. 

5 (c) APPLICATION OF AMENDMENT.—The amend6 ments made by this section shall not apply to any offense 

7 committed before the date of enactment of this Act. 

8 SEC. 207. INCREASE OF MAXIMUM PENALTIES FOR CER9 TAIN PUBLIC CORRUPTION RELATED OF10 FENSES. 

11 (a) SOLICITATION OF POLITICAL CONTRIBUTIONS.— 

12 Section 602(a)(4) of title 18, United States Code, is 

13 amended by striking ‘‘3 years’’ and inserting ‘‘5 years’’. 

14 (b) PROMISE OF EMPLOYMENT FOR POLITICAL AC15 TIVITY.—Section 600 of title 18, United States Code, is 

16 amended by striking ‘‘one year’’ and inserting ‘‘3 years’’. 

17 (c) DEPRIVATION OF EMPLOYMENT FOR POLITICAL

18 ACTIVITY.—Section 601(a) of title 18, United States 

19 Code, is amended by striking ‘‘one year’’ and inserting ‘‘3 

20 years’’. 

21 (d) INTIMIDATION TO SECURE POLITICAL CON22 TRIBUTIONS.—Section 606 of title 18, United States 

23 Code, is amended by striking ‘‘three years’’ and inserting 

24 ‘‘5 years’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
20 

•HR 4054 IH

1 (e) SOLICITATION AND ACCEPTANCE OF CONTRIBU2 TIONS IN FEDERAL OFFICES.—Section 607(a)(2) of title 

3 18, United States Code, is amended by striking ‘‘3 years’’ 

4 and inserting ‘‘5 years’’. 

5 (f) COERCION OF POLITICAL ACTIVITY BY FEDERAL

6 EMPLOYEES.—Section 610 of title 18, United States 

7 Code, is amended by striking ‘‘three years’’ and inserting 

8 ‘‘5 years’’. 

9 SEC. 208. ADDITIONAL WIRETAP PREDICATES. 

10 Section 2516(1)(c) of title 18, United States Code, 

11 is amended— 

12 (1) by inserting ‘‘section 641 (relating to em13 bezzlement or theft of public money, property, or 

14 records), section 666 (relating to theft or bribery 

15 concerning programs receiving Federal funds),’’ 

16 after ‘‘section 224 (bribery in sporting contests),’’; 

17 and 

18 (2) by inserting ‘‘section 1031 (relating to 

19 major fraud against the United States)’’ after ‘‘sec20 tion 1014 (relating to loans and credit applications 

21 generally; renewals and discounts),’’. 

22 SEC. 209. EXPANDING VENUE FOR PERJURY AND OBSTRUC23 TION OF JUSTICE PROCEEDINGS. 

24 (a) IN GENERAL.—Section 1512(i) of title 18, United 

25 States Code, is amended to read as follows: 


TKELLEY on DSK3SPTVN1PROD with BILLS
21 

•HR 4054 IH

1 ‘‘(i) A prosecution under section 

2 1503, 1504, 1505, 1508, 1509, 1510, or 

3 this section may be brought in the district 

4 in which the conduct constituting the al5 leged offense occurred or in which the offi6 cial proceeding (whether or not pending or 

7 about to be instituted) was intended to be 

8 affected.’’. 

9 (b) PERJURY.— 

10 (1) IN GENERAL.—Chapter 79 of title 18, 

11 United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘§ 1624. Venue 

14 ‘‘A prosecution under section 1621(1), 1622 (in re15 gard to subornation of perjury under 1621(1)), or 1623 

16 of this title may be brought in the district in which the 

17 oath, declaration, certificate, verification, or statement 

18 under penalty of perjury is made or in which a proceeding 

19 takes place in connection with the oath, declaration, cer20 tificate, verification, or statement.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 79 of title 18, 

23 United States Code, is amended by adding at the 

24 end the following: 

‘‘1624. Venue.’’. 


TKELLEY on DSK3SPTVN1PROD with BILLS
22 

•HR 4054 IH

1 SEC. 210. PROHIBITION ON UNDISCLOSED SELF-DEALING 

2 BY PUBLIC OFFICIALS. 

3 (a) IN GENERAL.—Chapter 63 of title 18, United 

4 States Code, is amended by inserting after section 1346 

5 the following new section: 

6 ‘‘§ 1346A. Undisclosed self-dealing by public officials 

7 ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI8 CIALS.—For purposes of this chapter, the term ‘scheme 

9 or artifice to defraud’ also includes a scheme or artifice 

10 by a public official to engage in undisclosed self-dealing. 

11 ‘‘(b) DEFINITIONS.—As used in this section: 

12 ‘‘(1) OFFICIAL ACT.—The term official act— 

13 ‘‘(A) means any act within the range of of14 ficial duty, and any decision or action on any 

15 question, matter, cause, suit, proceeding, or 

16 controversy, which may at any time be pending, 

17 or which may by law be brought before any 

18 public official, in such public official’s official 

19 capacity or in such official’s place of trust or 

20 profit; and 

21 ‘‘(B) may be a single act, more than one 

22 act, or a course of conduct. 

23 ‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi24 cial’ means an officer, employee, or elected or ap25 pointed representative, or person acting for or on be 

26 half of the United States, a State, or a subdivision 


TKELLEY on DSK3SPTVN1PROD with BILLS
23 

•HR 4054 IH

1 of a State, or any department, agency or branch of 

2 government thereof, in any official function, under 

3 or by authority of any such department, agency, or 

4 branch of government. 

5 ‘‘(3) STATE.—The term ‘State’ includes a State 

6 of the United States, the District of Columbia, and 

7 any commonwealth, territory, or possession of the 

8 United States. 

9 ‘‘(4) UNDISCLOSED SELF-DEALING.—The term 

10 ‘undisclosed self-dealing’ means that— 

11 ‘‘(A) a public official performs an official 

12 act for the purpose, in whole or in material 

13 part, of furthering or benefitting a financial in14 terest, of which the public official has knowl15 edge, of— 

16 ‘‘(i) the public official; 

17 ‘‘(ii) the spouse or minor child of a 

18 public official; 

19 ‘‘(iii) a general business partner of the 

20 public official; 

21 ‘‘(iv) a business or organization in 

22 which the public official is serving as an 

23 employee, officer, director, trustee, or gen24 eral partner; 


TKELLEY on DSK3SPTVN1PROD with BILLS
24 

•HR 4054 IH

1 ‘‘(v) an individual, business, or orga2 nization with whom the public official is 

3 negotiating for, or has any arrangement 

4 concerning, prospective employment or fi5 nancial compensation; or 

6 ‘‘(vi) an individual, business, or orga7 nization from whom the public official has 

8 received any thing or things of value, oth9 erwise than as provided by law for the 

10 proper discharge of official duty, or by rule 

11 or regulation; and 

12 ‘‘(B) the public official knowingly falsifies, 

13 conceals, or covers up material information that 

14 is required to be disclosed by any Federal, 

15 State, or local statute, rule, regulation, or char16 ter applicable to the public official, or the know17 ing failure of the public official to disclose ma18 terial information in a manner that is required 

19 by any Federal, State, or local statute, rule, 

20 regulation, or charter applicable to the public 

21 official. 

22 ‘‘(5) MATERIAL INFORMATION.—The term ‘ma23 terial information’ means information— 


TKELLEY on DSK3SPTVN1PROD with BILLS
25 

•HR 4054 IH

1 ‘‘(A) regarding a financial interest of a 

2 person described in clauses (i) through (iv) 

3 paragraph (4)(A); and 

4 ‘‘(B) regarding the association, connection, 

5 or dealings by a public official with an indi6 vidual, business, or organization as described in 

7 clauses (iii) through (vi) of paragraph (4)(A).’’. 

8 (b) CONFORMING AMENDMENT.—The table of sec9 tions for chapter 63 of title 18, United States Code, is 

10 amended by inserting after the item relating to section 

11 1346 the following new item: 

‘‘1346A. Undisclosed self-dealing by public officials.’’. 

12 (c) APPLICABILITY.—The amendments made by this 

13 section apply to acts engaged in on or after the date of 

14 the enactment of this Act. 

15 SEC. 211. DISCLOSURE OF INFORMATION IN COMPLAINTS 

16 AGAINST JUDGES. 

17 Section 360(a) of title 28, United States Code, is 

18 amended— 

19 (1) in paragraph (2) by striking ‘‘or’’; 

20 (2) in paragraph (3), by striking the period at 

21 the end, and inserting ‘‘; or’’; and 

22 (3) by inserting after paragraph (3) the fol23 lowing: 

24 ‘‘(4) such disclosure of information regarding a 

25 potential criminal offense is made to the Attorney 


TKELLEY on DSK3SPTVN1PROD with BILLS
26 

•HR 4054 IH

1 General, a Federal, State, or local grand jury, or a 

2 Federal, State, or local law enforcement agency.’’. 

3 SEC. 212. CLARIFICATION OF EXEMPTION IN CERTAIN 

4 BRIBERY OFFENSES. 

5 Section 666(c) of title 18, United States Code, is 

6 amended— 

7 (1) by striking ‘‘This section does not apply 

8 to’’; and 

9 (2) by inserting ‘‘The term ‘any thing of value’ 

10 that is corruptly solicited, demanded, accepted or 

11 agreed to be accepted in subsection (a)(1)(B) or cor12 ruptly given, offered, or agreed to be given in sub13 section (a)(2) shall not include,’’ before ‘‘bona fide 

14 salary’’. 

15 SEC. 213. CERTIFICATIONS REGARDING APPEALS BY 

16 UNITED STATES. 

17 Section 3731 of title 18, United States Code, is 

18 amended by inserting after ‘‘United States attorney’’ the 

19 following: ‘‘, Deputy Attorney General, Assistant Attorney 

20 General, or the Attorney General’’. 

Æ 


TKELLEY on DSK3SPTVN1PROD with BILLS