I 

112TH CONGRESS 

1ST SESSION H. R. 1793 

To amend title 18, United States Code, to deter public corruption, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2011 

Mr. SENSENBRENNER (for himself and Mr. WEINER) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to deter 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 ‘‘Clean Up Government 

5 Act of 2011’’. 

6 SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES 

7 TO LICENCES AND OTHER INTANGIBLE 

8 RIGHTS. 

9 Sections 1341 and 1343 of title 18, United States 

10 Code, are each amended by striking ‘‘money or property’’ 


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1 and inserting ‘‘money, property, or any other thing of 

2 value’’. 

3 SEC. 3. VENUE FOR FEDERAL OFFENSES. 

4 Section 3237(a) of title 18, United States Code, is 

5 amended by inserting after ‘‘begun, continued, or com6 pleted’’ the following: ‘‘or in any district in which an act 

7 in furtherance of an offense is committed’’. 

8 SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RE9 CEIVING FEDERAL FINANCIAL ASSISTANCE. 

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

11 amended by striking ‘‘10 years’’ and inserting ‘‘20 years’’. 

12 SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. 

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

14 amended by striking ‘‘ten years’’ and inserting ‘‘20 

15 years’’. 

16 SEC. 6. BRIBERY AND GRAFT. 

17 Section 201 of title 18, United States Code, is 

18 amended— 

19 (1) in subsection (b), by striking ‘‘fifteen years’’ 

20 and inserting ‘‘20 years’’; and 

21 (2) in subsection (c), by striking ‘‘two years’’ 

22 and inserting ‘‘five years’’. 


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1 SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF 

2 PUBLIC MONEY OFFENSE. 

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

4 amended by inserting ‘‘the District of Columbia or’’ before 

5 ‘‘the United States’’ each place such term appears. 

6 SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATU7 ITIES. 

8 Subparagraphs (A) and (B) of section 201(c)(1) of 

9 title 18, United States Code, are each amended by insert10 ing ‘‘the official’s or person’s official position or’’ before 

11 ‘‘any official act’’. 

12 SEC. 9. CLARIFICATION OF DEFINITION OF ‘‘OFFICIAL ACT’’. 

13 Section 201(a)(3) of title 18, United States Code, is 

14 amended to read as follows: 

15 ‘‘(3) the term ‘official act’— 

16 ‘‘(A) includes any act within the range of 

17 official duty, and any decision, recommendation, 

18 or action on any question, matter, cause, suit, 

19 proceeding, or controversy, which may at any 

20 time be pending, or which may by law be 

21 brought before any public official, in such pub22 lic official’s official capacity or in such official’s 

23 place of trust or profit; 

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

25 act, or a course of conduct; and 


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1 ‘‘(C) includes a decision or recommenda2 tion that a government should not take ac3 tion.’’. 

4 SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES 

5 RELATING TO CERTAIN CRIMES. 

6 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur7 suant to its authority under section 994(p) of title 28, 

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

9 the United States Sentencing Commission forthwith shall 

10 review and amend its guidelines and its policy statements 

11 applicable to persons convicted of an offense under section 

12 201, 641, 666, 1951, 1952, or 1962 of title 18, United 

13 States Code in order to reflect the intent of Congress that 

14 such penalties be increased in comparison to those cur15 rently provided by guidelines and policy statements. 

16 (b) REQUIREMENTS.—In carrying out this sub17 section, the Commission shall— 

18 (1) ensure that the sentencing guidelines and 

19 policy statements reflect Congress’s intent that the 

20 guidelines and policy statements reflect the serious 

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

22 the growing incidence of such offenses, and the need 

23 for an effective deterrent and appropriate punish24 ment to prevent such offenses; 


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1 (2) consider the extent to which the guidelines 

2 may or may not appropriately account for— 

3 (A) the potential and actual harm to the 

4 public and the amount of any loss resulting 

5 from the offense; 

6 (B) the level of sophistication and planning 

7 involved in the offense; 

8 (C) whether the offense was committed for 

9 purposes of commercial advantage or private fi10 nancial benefit; 

11 (D) whether the defendant acted with in12 tent to cause either physical or property harm 

13 in committing the offense; 

14 (E) the extent to which the offense rep15 resented an abuse of trust by the offender and 

16 was committed in a manner that undermined 

17 public confidence in the Federal, State or local 

18 government; and 

19 (F) whether the violation was intended to 

20 or had the effect of creating a threat to public 

21 health or safety, injury to any person or even 

22 death; 

23 (3) assure reasonable consistency with other 

24 relevant directives and with other sentencing guide25 lines; 


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1 (4) account for any additional aggravating or 

2 mitigating circumstances that might justify excep3 tions to the generally applicable sentencing ranges; 

4 (5) make any necessary conforming changes to 

5 the sentencing guidelines; and 

6 (6) assure that the guidelines adequately meet 

7 the purposes of sentencing as set forth in section 

8 3553(a)(2) of title 18, United States Code. 

9 SEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SE10 RIOUS PUBLIC CORRUPTION OFFENSES. 

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

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 3302. Corruption offenses 

15 ‘‘Unless an indictment is returned or the information 

16 is filed against a person within 10 years after the commis17 sion of the offense, a person may not be prosecuted, tried, 

18 or punished for a violation of, or a conspiracy or an at19 tempt to violate the offense in— 

20 ‘‘(1) section 201 or 666; 

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

22 conjunction with section 1346 and where the offense 

23 involves a scheme or artifice to deprive another of 

24 the intangible right of honest services of a public of25 ficial; 


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1 ‘‘(3) section 1951, if the offense involves extor2 tion under color of official right; 

3 ‘‘(4) section 1952, to the extent that the unlaw4 ful activity involves bribery; or 

5 ‘‘(5) section 1962, to the extent that the racket6 eering activity involves bribery chargeable under 

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

8 section 1341 or 1343, when charged in conjunction 

9 with section 1346 and where the offense involves a 

10 scheme or artifice to deprive another of the intan11 gible right of honest services of a public official, or 

12 section 1951, if the offense involves extortion under 

13 color of official right.’’. 

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

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

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

17 item: 

‘‘3302. Corruption offenses.’’. 

18 (c) APPLICATION OF AMENDMENT.—The amend19 ments made by this section shall not apply to any offense 

20 committed before the date of enactment of this Act. 

21 SEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN 

22 PUBLIC CORRUPTION RELATED OFFENSES. 

23 (a) SOLICITATION OF POLITICAL CONTRIBUTIONS.— 

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

25 amended by striking ‘‘3 years’’ and inserting ‘‘10 years’’. 


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1 (b) PROMISE OF EMPLOYMENT FOR POLITICAL AC2 TIVITY.—Section 600 of title 18, United States Code, is 

3 amended by striking ‘‘one year’’ and inserting ‘‘10 years’’. 

4 (c) DEPRIVATION OF EMPLOYMENT FOR POLITICAL

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

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

7 ‘‘10 years’’. 

8 (d) INTIMIDATION TO SECURE POLITICAL CON9 TRIBUTIONS.—Section 606 of title 18, United States 

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

11 ‘‘10 years’’. 

12 (e) SOLICITATION AND ACCEPTANCE OF CONTRIBU13 TIONS IN FEDERAL OFFICES.—Section 607(a)(2) of title 

14 18, United States Code, is amended by striking ‘‘3 years’’ 

15 and inserting ‘‘10 years’’. 

16 (f) COERCION OF POLITICAL ACTIVITY BY FEDERAL

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

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

19 ‘‘10 years’’. 

20 SEC. 13. ADDITIONAL RICO PREDICATES. 

21 (a) IN GENERAL.—Section 1961(1) of title 18, 

22 United States Code, is amended— 

23 (1) by inserting ‘‘section 641 (relating to em24 bezzlement or theft of public money, property, or 

25 records),’’ after ‘‘473 (relating to counterfeiting),’’; 


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1 (2) by inserting ‘‘section 666 (relating to theft 

2 or bribery concerning programs receiving Federal 

3 funds),’’ after ‘‘section 664 (relating to embezzle4 ment from pension and welfare funds),’’; and 

5 (3) by inserting ‘‘section 1031 (relating to 

6 major fraud against the United States)’’ after ‘‘sec7 tion 1029 (relating to fraud and related activity in 

8 connection with access devices),’’. 

9 (b) CONFORMING AMENDMENTS.—Section 

10 1956(c)(7)(D) of title 18, United States Code, is amend11 ed— 

12 (1) by striking ‘‘section 641 (relating to public 

13 money, property, or records),’’; and 

14 (2) by striking ‘‘section 666 (relating to theft 

15 or bribery concerning programs receiving Federal 

16 funds),’’. 

17 SEC. 14. ADDITIONAL WIRETAP PREDICATES. 

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

19 is amended— 

20 (1) by inserting ‘‘section 641 (relating to em21 bezzlement or theft of public money, property, or 

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

23 concerning programs receiving Federal funds),’’ 

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

25 and 


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

2 major fraud against the United States)’’ after ‘‘sec3 tion 1014 (relating to loans and credit applications 

4 generally; renewals and discounts),’’. 

5 SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUC6 TION OF JUSTICE PROCEEDINGS. 

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

8 States Code, is amended to read as follows: 

9 ‘‘(i) A prosecution under section 1503, 1504, 1505, 

10 1508, 1509, 1510, or this section may be brought in the 

11 district in which the conduct constituting the alleged of12 fense occurred or in which the official proceeding (whether 

13 or not pending or about to be instituted) was intended 

14 to be affected.’’. 

15 (b) PERJURY.— 

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

17 United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘§ 1624. Venue 

20 ‘‘A prosecution under section 1621(1), 1622 (in re21 gard to subornation of perjury under 1621(1)), or 1623 

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

23 oath, declaration, certificate, verification, or statement 

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


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1 takes place in connection with the oath, declaration, cer2 tificate, verification, or statement.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 79 of title 18, 

5 United States Code, is amended by adding at the 

6 end the following: 

‘‘1624. Venue.’’. 

7 SEC. 16. PROHIBITION ON UNDISCLOSED SELF-DEALING BY 

8 PUBLIC OFFICIALS. 

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

10 States Code, is amended by inserting after section 1346 

11 the following new section: 

12 ‘‘§ 1346A. Undisclosed self-dealing by public officials 

13 ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI14 CIALS.—For purposes of this chapter, the term ‘scheme 

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

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

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

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

19 ‘‘(A) includes any act within the range of 

20 official duty, and any decision, recommendation, 

21 or action on any question, matter, cause, suit, 

22 proceeding, or controversy, which may at any 

23 time be pending, or which may by law be 

24 brought before any public official, in such pubVerDate Mar 15 2010 03:48 May 11, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1793.IH H1793

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1 lic official’s official capacity or in such official’s 

2 place of trust or profit; 

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

4 act, or a course of conduct; and 

5 ‘‘(C) includes a decision or recommenda6 tion that a government should not take action. 

7 ‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi8 cial’ means an officer, employee, or elected or ap9 pointed representative, or person acting for or on be10 half of the United States, a State, or a subdivision 

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

12 government thereof, in any official function, under 

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

14 branch of government. 

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

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

17 any commonwealth, territory, or possession of the 

18 United States. 

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

20 ‘undisclosed self-dealing’ means that— 

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

22 act for the purpose, in whole or in part, of ben23 efitting or furthering a financial interest of— 

24 ‘‘(i) the public official; 


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

2 public official; 

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

4 public official; 

5 ‘‘(iv) a business or organization in 

6 which the public official is serving as an 

7 employee, officer, director, trustee, or gen8 eral partner; or 

9 ‘‘(v) an individual, business, or orga10 nization with whom the public official is 

11 negotiating for, or has any arrangement 

12 concerning, prospective employment or fi13 nancial compensation; and 

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

15 conceals, or covers up material information that 

16 is required to be disclosed regarding that finan17 cial interest by any Federal, State, or local stat18 ute, rule, regulation, or charter applicable to 

19 the public official, or knowingly fails to disclose 

20 material information regarding that financial 

21 interest in a manner that is required by any 

22 Federal, State, or local statute, rule, regulation, 

23 or charter applicable to the public official.’’. 

24 (b) CONFORMING AMENDMENT.—The table of sec25 tions for chapter 63 of title 18, United States Code, is 


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1 amended by inserting after the item relating to section 

2 1346 the following new item: 

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

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

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

5 the enactment of this Act. 

6 SEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS 

7 AGAINST JUDGES. 

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

9 amended— 

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

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

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

13 (3) by inserting after paragraph (3) the fol14 lowing: 

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

16 potential criminal offense is made to the Attorney 

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

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

19 SEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIB20 ERY OFFENSES. 

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

22 amended— 

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

24 to’’; and 


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1 (2) by inserting ‘‘This subsection shall apply to 

2 the giving or receiving of ‘anything of value’ that is 

3 corruptly solicited, demanded, accepted or agreed to 

4 be accepted in subsection (a)(1)(B) and corruptly 

5 given, offered, or agreed to be given in subsection 

6 (a)(2) shall not include’’, before the words ‘‘bona 

7 fide salary’’. 

8 SEC. 19. CERTIFICATIONS REGARDING APPEALS BY 

9 UNITED STATES. 

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

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

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

13 General, or the Attorney General’’. 

Æ 


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