I 

112TH CONGRESS 

1ST SESSION H. R. 2572 

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

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2011 

Mr. SENSENBRENNER (for himself and Mr. QUIGLEY) 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— 

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

13 years’’; 

14 (2) by striking ‘‘$5,000’’ each place it appears 

15 and inserting ‘‘$1,000’’; 

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

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

18 value’’; and 

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

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

21 SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS. 

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

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

24 years’’. 

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1 SEC. 6. BRIBERY AND GRAFT. 

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

3 amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (2), by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (3), by striking the pe8 riod at the end; and 

9 (C) by adding at the end the following: 

10 ‘‘(4) the term ‘rule or regulation’ means a Fed11 eral regulation or a rule of the House of Representa12 tives or the Senate, including those rules and regula13 tions governing the acceptance of campaign con14 tributions.’’; 

15 (2) in subsection (b), by striking ‘‘fifteen years’’ 

16 and inserting ‘‘20 years’’; 

17 (3) in subsection (c)— 

18 (A) by striking ‘‘two years’’ and inserting 

19 ‘‘five years’’; and 

20 (B) in paragraph (1), in the matter pre21 ceding subparagraph (A), to read as follows: 

22 ‘‘otherwise than as provided by law for the 

23 proper discharge of official duty, or by rule or 

24 regulation—’’; and 

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1 (4) by striking ‘‘anything of value’’ each place 

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

3 value’’. 

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

5 PUBLIC MONEY OFFENSE. 

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

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

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

9 SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATU10 ITIES. 

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

12 title 18, United States Code, are each amended by insert13 ing ‘‘the official’s or person’s official position or’’ before 

14 ‘‘any official act’’. 

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

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

17 amended to read as follows: 

18 ‘‘(3) 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 

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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 ac7 tion.’’. 

8 SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES 

9 RELATING TO CERTAIN CRIMES. 

10 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur11 suant to its authority under section 994(p) of title 28, 

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

13 the United States Sentencing Commission forthwith shall 

14 review and amend its guidelines and its policy statements 

15 applicable to persons convicted of an offense under section 

16 201, 641, or 666 of title 18, United States Code in order 

17 to reflect the intent of Congress that such penalties be 

18 increased in comparison to those currently provided by 

19 guidelines and policy statements. 

20 (b) REQUIREMENTS.—In carrying out this sub21 section, the Commission shall— 

22 (1) ensure that the sentencing guidelines and 

23 policy statements reflect Congress’s intent that the 

24 guidelines and policy statements reflect the serious 

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

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

2 effective deterrent and appropriate punishment to 

3 prevent such offenses; 

4 (2) consider the extent to which the guidelines 

5 may or may not appropriately account for— 

6 (A) the potential and actual harm to the 

7 public and the amount of any loss resulting 

8 from the offense; 

9 (B) the level of sophistication and planning 

10 involved in the offense; 

11 (C) whether the offense was committed for 

12 purposes of commercial advantage or private fi13 nancial benefit; 

14 (D) whether the defendant acted with in15 tent to cause either physical or property harm 

16 in committing the offense; 

17 (E) the extent to which the offense rep18 resented an abuse of trust by the offender and 

19 was committed in a manner that undermined 

20 public confidence in the Federal, State or local 

21 government; and 

22 (F) whether the violation was intended to 

23 or had the effect of creating a threat to public 

24 health or safety, injury to any person or even 

25 death; 

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1 (3) assure reasonable consistency with other 

2 relevant directives and with other sentencing guide3 lines; 

4 (4) account for any additional aggravating or 

5 mitigating circumstances that might justify excep6 tions to the generally applicable sentencing ranges; 

7 (5) make any necessary conforming changes to 

8 the sentencing guidelines; and 

9 (6) assure that the guidelines adequately meet 

10 the purposes of sentencing as set forth in section 

11 3553(a)(2) of title 18, United States Code. 

12 SEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SE13 RIOUS PUBLIC CORRUPTION OFFENSES. 

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

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘§ 3302. Corruption offenses 

18 ‘‘Unless an indictment is returned or the information 

19 is filed against a person within 6 years after the commis20 sion of the offense, a person may not be prosecuted, tried, 

21 or punished for a violation of, or a conspiracy or an at22 tempt to violate the offense in— 

23 ‘‘(1) section 201 or 666; 

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

25 conjunction with section 1346 and where the offense 

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1 involves a scheme or artifice to deprive another of 

2 the intangible right of honest services of a public of3 ficial; 

4 ‘‘(3) section 1951, if the offense involves extor5 tion under color of official right; 

6 ‘‘(4) section 1952, to the extent that the unlaw7 ful activity involves bribery; or 

8 ‘‘(5) section 1962, to the extent that the racket9 eering activity involves bribery chargeable under 

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

11 section 1341 or 1343, when charged in conjunction 

12 with section 1346 and where the offense involves a 

13 scheme or artifice to deprive another of the intan14 gible right of honest services of a public official, or 

15 section 1951, if the offense involves extortion under 

16 color of official right.’’. 

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

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

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

20 item: 

‘‘3302. Corruption offenses.’’. 

21 (c) APPLICATION OF AMENDMENT.—The amend22 ments made by this section shall not apply to any offense 

23 committed before the date of enactment of this Act. 

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1 SEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN 

2 PUBLIC CORRUPTION RELATED OFFENSES. 

3 (a) SOLICITATION OF POLITICAL CONTRIBUTIONS.— 

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

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

6 (b) PROMISE OF EMPLOYMENT FOR POLITICAL AC7 TIVITY.—Section 600 of title 18, United States Code, is 

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

9 (c) DEPRIVATION OF EMPLOYMENT FOR POLITICAL

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

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

12 ‘‘10 years’’. 

13 (d) INTIMIDATION TO SECURE POLITICAL CON14 TRIBUTIONS.—Section 606 of title 18, United States 

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

16 ‘‘10 years’’. 

17 (e) SOLICITATION AND ACCEPTANCE OF CONTRIBU18 TIONS IN FEDERAL OFFICES.—Section 607(a)(2) of title 

19 18, United States Code, is amended by striking ‘‘3 years’’ 

20 and inserting ‘‘10 years’’. 

21 (f) COERCION OF POLITICAL ACTIVITY BY FEDERAL

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

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

24 ‘‘10 years’’. 

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1 SEC. 13. ADDITIONAL RICO PREDICATES. 

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

3 United States Code, is amended— 

4 (1) by inserting ‘‘section 641 (relating to em5 bezzlement or theft of public money, property, or 

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

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

8 or bribery concerning programs receiving Federal 

9 funds),’’ after ‘‘section 664 (relating to embezzle10 ment from pension and welfare funds),’’; and 

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

12 major fraud against the United States)’’ after ‘‘sec13 tion 1029 (relating to fraud and related activity in 

14 connection with access devices),’’. 

15 (b) CONFORMING AMENDMENTS.—Section 

16 1956(c)(7)(D) of title 18, United States Code, is amend17 ed— 

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

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

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

21 or bribery concerning programs receiving Federal 

22 funds),’’. 

23 SEC. 14. ADDITIONAL WIRETAP PREDICATES. 

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

25 is amended— 

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1 (1) by inserting ‘‘section 641 (relating to em2 bezzlement or theft of public money, property, or 

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

4 concerning programs receiving Federal funds),’’ 

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

6 and 

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

8 major fraud against the United States)’’ after ‘‘sec9 tion 1014 (relating to loans and credit applications 

10 generally; renewals and discounts),’’. 

11 SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUC12 TION OF JUSTICE PROCEEDINGS. 

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

14 States Code, is amended to read as follows: 

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

16 1508, 1509, 1510, or this section may be brought in the 

17 district in which the conduct constituting the alleged of18 fense occurred or in which the official proceeding (whether 

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

20 to be affected.’’. 

21 (b) PERJURY.— 

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

23 United States Code, is amended by adding at the 

24 end the following: 

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1 ‘‘§ 1624. Venue 

2 ‘‘A prosecution under section 1621(1), 1622 (in re3 gard to subornation of perjury under 1621(1)), or 1623 

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

5 oath, declaration, certificate, verification, or statement 

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

7 takes place in connection with the oath, declaration, cer8 tificate, verification, or statement.’’. 

9 (2) CLERICAL AMENDMENT.—The table of sec10 tions at the beginning of chapter 79 of title 18, 

11 United States Code, is amended by adding at the 

12 end the following: 

‘‘1624. Venue.’’. 

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

14 PUBLIC OFFICIALS. 

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

16 States Code, is amended by inserting after section 1346 

17 the following new section: 

18 ‘‘§ 1346A. Undisclosed self-dealing by public officials 

19 ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI20 CIALS.—For purposes of this chapter, the term ‘scheme 

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

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

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

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

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

2 official duty, and any decision, recommendation, 

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

4 proceeding, or controversy, which may at any 

5 time be pending, or which may by law be 

6 brought before any public official, in such pub7 lic official’s official capacity or in such official’s 

8 place of trust or profit; 

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

10 act, or a course of conduct; and 

11 ‘‘(C) includes a decision or recommenda12 tion that a government should not take action. 

13 ‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi14 cial’ means an officer, employee, or elected or ap15 pointed representative, or person acting for or on be16 half of the United States, a State, or a subdivision 

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

18 government thereof, in any official function, under 

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

20 branch of government. 

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

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

23 any commonwealth, territory, or possession of the 

24 United States. 

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

2 ‘undisclosed self-dealing’ means that— 

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

4 act for the purpose, in whole or in material 

5 part, of furthering or benefitting a financial in6 terest of— 

7 ‘‘(i) the public official; 

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

9 public official; 

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

11 public official; 

12 ‘‘(iv) a business or organization in 

13 which the public official is serving as an 

14 employee, officer, director, trustee, or gen15 eral partner; 

16 ‘‘(v) an individual, business, or orga17 nization with whom the public official is 

18 negotiating for, or has any arrangement 

19 concerning, prospective employment or fi20 nancial compensation; or 

21 ‘‘(vi) an individual, business, or orga22 nization from whom the public official has 

23 received any thing or things of value, oth24 erwise than as provided by law for the 

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1 proper discharge of official duty, or by rule 

2 or regulation; and 

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

4 conceals, or covers up material information that 

5 is required to be disclosed by any Federal, 

6 State, or local statute, rule, regulation, or char7 ter applicable to the public official, or the know8 ing failure of the public official to disclose ma9 terial information in a manner that is required 

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

11 regulation, or charter applicable to the public 

12 official. 

13 ‘‘(5) MATERIAL INFORMATION.—The term ‘ma14 terial information’ includes information— 

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

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

17 paragraph (4)(A); and 

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

19 or dealings by a public official with an indi20 vidual, business, or organization as described in 

21 clauses (iii) through (vi) of paragraph 4.’’. 

22 (b) CONFORMING AMENDMENT.—The table of sec23 tions for chapter 63 of title 18, United States Code, is 

24 amended by inserting after the item relating to section 

25 1346 the following new item: 

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

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

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

3 the enactment of this Act. 

4 SEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS 

5 AGAINST JUDGES. 

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

7 amended— 

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

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

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

11 (3) by inserting after paragraph (3) the fol12 lowing: 

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

14 potential criminal offense is made to the Attorney 

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

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

17 SEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIB18 ERY OFFENSES. 

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

20 amended— 

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

22 to’’; and 

23 (2) by inserting ‘‘The term ‘anything of value’ 

24 that is corruptly solicited, demanded, accepted or 

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1 ruptly given, offered, or agreed to be given in sub2 section (a)(2) shall not include’’, before ‘‘bona fide 

3 salary’’. 

4 SEC. 19. CERTIFICATIONS REGARDING APPEALS BY 

5 UNITED STATES. 

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

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

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

9 General, or the Attorney General’’. 

Æ 

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