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Union Calendar No. 499 

112TH CONGRESS 

2D SESSION H. R. 2572 

[Report No. 112–688] 

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 

SEPTEMBER 21, 2012 

Additional sponsor: Mr. COHEN

SEPTEMBER 21, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 15, 2011] 

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A BILL 

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

corruption, and for other purposes. 

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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. VENUE FOR FEDERAL OFFENSES. 

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

8 amended by inserting after ‘‘begun, continued, or com9 pleted’’ the following: ‘‘or in any district in which an act 

10 in furtherance of an offense is committed’’. 

11 SEC. 3. THEFT OR BRIBERY CONCERNING PROGRAMS RE12 CEIVING FEDERAL FINANCIAL ASSISTANCE. 

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

14 amended— 

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

16 years’’; 

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

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

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

20 appears and inserting ‘‘any thing or things of value’’; 

21 and 

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

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

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1 SEC. 4. PENALTY FOR SECTION 641 VIOLATIONS. 

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

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

4 SEC. 5. BRIBERY AND GRAFT. 

5 Section 201 of title 18, United States Code, is amend6 ed— 

7 (1) in subsection (a)— 

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

9 the end; 

10 (B) in paragraph (3), by striking the period 

11 at the end; and 

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

13 ‘‘(4) the term ‘rule or regulation’ means a Fed14 eral regulation or a rule of the House of Representa15 tives or the Senate, including those rules and regula16 tions governing the acceptance of campaign contribu17 tions.’’; 

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

19 and inserting ‘‘20 years’’; 

20 (3) in subsection (c)— 

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

22 ‘‘five years’’; and 

23 (B) in paragraph (1), in the matter pre24 ceding subparagraph (A), to read as follows: 

25 ‘‘otherwise than as provided by law for the propmstockstill on DSK4VPTVN1PROD with BILLS

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1 er discharge of official duty, or by rule or regula2 tion, knowingly—’’; and 

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

4 appears and inserting ‘‘any thing or things of value 

5 of not less than $1,000’’. 

6 SEC. 6. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF 

7 PUBLIC MONEY OFFENSE. 

8 Section 641 of title 18, United States Code, is amended 

9 by inserting ‘‘the District of Columbia or’’ before ‘‘the 

10 United States’’ each place such term appears. 

11 SEC. 7. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. 

12 Subparagraphs (A) and (B) of section 201(c)(1) of title 

13 18, United States Code, are each amended by inserting ‘‘the 

14 official’s or person’s official position or’’ before ‘‘any official 

15 act’’. 

16 SEC. 8. CLARIFICATION OF DEFINITION OF ‘‘OFFICIAL ACT’’. 

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

18 amended to read as follows: 

19 ‘‘(3) the term ‘official act’— 

20 ‘‘(A) means any act within the range of of21 ficial duty, and any decision, recommendation, 

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

23 proceeding, or controversy, which may at any 

24 time be pending, or which may by law be 

25 brought before any public official, in such public 

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

2 place of trust or profit; and 

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

4 act, or a course of conduct.’’. 

5 SEC. 9. AMENDMENT OF THE SENTENCING GUIDELINES RE6 LATING TO CERTAIN CRIMES. 

7 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pursu8 ant to its authority under section 994(p) of title 28, United 

9 States Code, and in accordance with this section, the United 

10 States Sentencing Commission forthwith shall review and, 

11 if appropriate, amend its guidelines and its policy state12 ments applicable to persons convicted of an offense under 

13 section 201, 641, or 666 of title 18, United States Code in 

14 order to reflect the intent of Congress that such penalties 

15 meet the requirements in subsection (b) of this section. 

16 (b) REQUIREMENTS.—In carrying out this subsection, 

17 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), the 

22 incidence of such offenses, and the need for an effec23 tive deterrent and appropriate punishment to prevent 

24 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 from 

5 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 intent 

12 to cause either physical or property harm in 

13 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 or 

20 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 rel24 evant directives and with other sentencing guidelines; 

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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. 10. 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 following: 

13 ‘‘§ 3302. Corruption offenses 

14 ‘‘Unless an indictment is returned or the information 

15 is filed against a person within 6 years after the commis16 sion of the offense, a person may not be prosecuted, tried, 

17 or punished for a violation of, or a conspiracy or an at18 tempt to violate the offense in— 

19 ‘‘(1) section 201 or 666; 

20 ‘‘(2) section 1341 or 1343, when charged in con21 junction with section 1346 and where the offense in22 volves a scheme or artifice to deprive another of the 

23 intangible right of honest services of a public official; 

24 ‘‘(3) section 1951, if the offense involves extortion 

25 under color of official right; 

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1 ‘‘(4) section 1952, to the extent that the unlawful 

2 activity involves bribery; or 

3 ‘‘(5) section 1962, to the extent that the racket4 eering activity involves bribery chargeable under 

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

6 section 1341 or 1343, when charged in conjunction 

7 with section 1346 and where the offense involves a 

8 scheme or artifice to deprive another of the intangible 

9 right of honest services of a public official, or section 

10 1951, if the offense involves extortion under color of 

11 official right.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of chapter 213 of title 18, United States Code, 

14 is amended by adding at the end the following new item: 

‘‘3302. Corruption offenses.’’. 

15 (c) APPLICATION OF AMENDMENT.—The amendments 

16 made by this section shall not apply to any offense com17 mitted before the date of enactment of this Act. 

18 SEC. 11. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN 

19 PUBLIC CORRUPTION RELATED OFFENSES. 

20 (a) SOLICITATION OF POLITICAL CONTRIBUTIONS.— 

21 Section 602(a)(4) of title 18, United States Code, is amend22 ed by striking ‘‘3 years’’ and inserting ‘‘5 years’’. 

23 (b) PROMISE OF EMPLOYMENT FOR POLITICAL ACTIV24 ITY.—Section 600 of title 18, United States Code, is amend25 ed by striking ‘‘one year’’ and inserting ‘‘3 years’’. 

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1 (c) DEPRIVATION OF EMPLOYMENT FOR POLITICAL

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

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

4 (d) INTIMIDATION TO SECURE POLITICAL CONTRIBU5 TIONS.—Section 606 of title 18, United States Code, is 

6 amended by striking ‘‘three years’’ and inserting ‘‘5 years’’. 

7 (e) SOLICITATION AND ACCEPTANCE OF CONTRIBU8 TIONS IN FEDERAL OFFICES.—Section 607(a)(2) of title 18, 

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

10 inserting ‘‘5 years’’. 

11 (f) COERCION OF POLITICAL ACTIVITY BY FEDERAL

12 EMPLOYEES.—Section 610 of title 18, United States Code, 

13 is amended by striking ‘‘three years’’ and inserting ‘‘5 

14 years’’. 

15 SEC. 12. ADDITIONAL WIRETAP PREDICATES. 

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

17 amended— 

18 (1) by inserting ‘‘section 641 (relating to embez19 zlement or theft of public money, property, or 

20 records), section 666 (relating to theft or bribery con21 cerning programs receiving Federal funds),’’ after 

22 ‘‘section 224 (bribery in sporting contests),’’; and 

23 (2) by inserting ‘‘section 1031 (relating to major 

24 fraud against the United States)’’ after ‘‘section 1014 

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1 (relating to loans and credit applications generally; 

2 renewals and discounts),’’. 

3 SEC. 13. EXPANDING VENUE FOR PERJURY AND OBSTRUC4 TION OF JUSTICE PROCEEDINGS. 

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

6 States Code, is amended to read as follows: 

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

8 1508, 1509, 1510, or this section may be brought in the 

9 district in which the conduct constituting the alleged offense 

10 occurred or in which the official proceeding (whether or not 

11 pending or about to be instituted) was intended to be af12 fected.’’. 

13 (b) PERJURY.— 

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

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

17 ‘‘§ 1624. Venue 

18 ‘‘A prosecution under section 1621(1), 1622 (in regard 

19 to subornation of perjury under 1621(1)), or 1623 of this 

20 title may be brought in the district in which the oath, dec21 laration, certificate, verification, or statement under pen22 alty of perjury is made or in which a proceeding takes place 

23 in connection with the oath, declaration, certificate, 

24 verification, or statement.’’. 

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1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 79 of title 18, 

3 United States Code, is amended by adding at the end 

4 the following: 

‘‘1624. Venue.’’. 

5 SEC. 14. PROHIBITION ON UNDISCLOSED SELF-DEALING BY 

6 PUBLIC OFFICIALS. 

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

8 States Code, is amended by inserting after section 1346 the 

9 following new section: 

10 ‘‘§ 1346A. Undisclosed self-dealing by public officials 

11 ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI12 CIALS.—For purposes of this chapter, the term ‘scheme or 

13 artifice to defraud’ also includes a scheme or artifice by 

14 a public official to engage in undisclosed self-dealing. 

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

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

17 ‘‘(A) means any act within the range of of18 ficial duty, and any decision, recommendation, 

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

20 proceeding, or controversy, which may at any 

21 time be pending, or which may by law be 

22 brought before any public official, in such public 

23 official’s official capacity or in such official’s 

24 place of trust or profit; and 

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

2 act, or a course of conduct. 

3 ‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi4 cial’ means an officer, employee, or elected or ap5 pointed representative, or person acting for or on be6 half of the United States, a State, or a subdivision of 

7 a State, or any department, agency or branch of gov8 ernment thereof, in any official function, under or by 

9 authority of any such department, agency, or branch 

10 of government. 

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

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

13 any commonwealth, territory, or possession of the 

14 United States. 

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

16 ‘undisclosed self-dealing’ means that— 

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

18 act for the purpose, in whole or in material part, 

19 of furthering or benefitting a financial interest, 

20 of which the public official has knowledge, of— 

21 ‘‘(i) the public official; 

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

23 public official; 

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

25 public official; 

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1 ‘‘(iv) a business or organization in 

2 which the public official is serving as an 

3 employee, officer, director, trustee, or gen4 eral partner; 

5 ‘‘(v) an individual, business, or orga6 nization with whom the public official is 

7 negotiating for, or has any arrangement 

8 concerning, prospective employment or fi9 nancial compensation; or 

10 ‘‘(vi) an individual, business, or orga11 nization from whom the public official has 

12 received any thing or things of value, other13 wise than as provided by law for the proper 

14 discharge of official duty, or by rule or reg15 ulation; and 

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

17 conceals, or covers up material information that 

18 is required to be disclosed by any Federal, State, 

19 or local statute, rule, regulation, or charter ap20 plicable to the public official, or the knowing 

21 failure of the public official to disclose material 

22 information in a manner that is required by any 

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

24 or charter applicable to the public official. 

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1 ‘‘(5) MATERIAL INFORMATION.—The term ‘mate2 rial information’ means information— 

3 ‘‘(A) regarding a financial interest of a per4 son described in clauses (i) through (iv) para5 graph (4)(A); and 

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

7 or dealings by a public official with an indi8 vidual, business, or organization as described in 

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

10 (b) CONFORMING AMENDMENT.—The table of sections 

11 for chapter 63 of title 18, United States Code, is amended 

12 by inserting after the item relating to section 1346 the fol13 lowing new item: 

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

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

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

16 enactment of this Act. 

17 SEC. 15. DISCLOSURE OF INFORMATION IN COMPLAINTS 

18 AGAINST JUDGES. 

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

20 amended— 

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

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

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

24 (3) by inserting after paragraph (3) the fol25 lowing: 

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

2 potential criminal offense is made to the Attorney 

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

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

5 SEC. 16. CLARIFICATION OF EXEMPTION IN CERTAIN BRIB6 ERY OFFENSES. 

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

8 amended— 

9 (1) by striking ‘‘This section does not apply to’’; 

10 and 

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

12 that is corruptly solicited, demanded, accepted or 

13 agreed to be accepted in subsection (a)(1)(B) or cor14 ruptly given, offered, or agreed to be given in sub15 section (a)(2) shall not include’’, before ‘‘bona fide 

16 salary’’. 

17 SEC. 17. CERTIFICATIONS REGARDING APPEALS BY UNITED 

18 STATES. 

19 Section 3731 of title 18, United States Code, is amend20 ed by inserting after ‘‘United States attorney’’ the fol21 lowing: ‘‘, Deputy Attorney General, Assistant Attorney 

22 General, or the Attorney General’’. 

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Union Calendar No. 499 

112TH CONGRESS 

2D SESSION H. R. 2572 

[Report No. 112–688] 

A BILL 

To amend title 18, United States Code, to deter 

public corruption, and for other purposes. 

SEPTEMBER 21, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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