‘‘§ 1346A. Undisclosed self-dealing by public officials 
‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC OFFI-
CIALS.—For purposes of this chapter, the term ‘scheme 
or artifice to defraud’ also includes a scheme or artifice 
by a public official to engage in undisclosed self-dealing. 
‘‘(b) DEFINITIONS.—As used in this section: 
‘‘(1) OFFICIAL ACT.—The term ‘official act’— 
‘‘(A) includes any act within the range of 
official duty, and any decision, recommendation, 
or action on any question, matter, cause, suit, 
proceeding, or controversy, which may at any 
time be pending, or which may by law be 
brought before any public official, in such pub-
lic official’s official capacity or in such official’s 
place of trust or profit; 
‘‘(B) may be a single act, more than one 
act, or a course of conduct; and 
‘‘(C) includes a decision or recommenda-
tion that a government should not take action. 
‘‘(2) PUBLIC OFFICIAL.—The term ‘public offi-
cial’ means an officer, employee, or elected or ap-
pointed representative, or person acting for or on be-
half of the United States, a State, or a subdivision 
of a State, or any department, agency or branch of 
government thereof, in any official function, under 
VerDate Mar 15 2010 
22:26 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6391.IH
H6391
jbell on DSKDVH8Z91PROD with BILLS
or by authority of any such department, agency, or 
branch of government. 
‘‘(3) STATE.—The term ‘State’ includes a State 
of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the 
United States. 
‘‘(4) UNDISCLOSED SELF-DEALING.—The term 
‘undisclosed self-dealing’ means that— 
‘‘(A) a public official performs an official 
act for the purpose, in whole or in part, of ben-
efitting or furthering a financial interest of— 
‘‘(i) the public official; 
‘‘(ii) the spouse or minor child of a 
public official; 
‘‘(iii) a general business partner of the 
public official; 
‘‘(iv) a business or organization in 
which the public official is serving as an 
employee, officer, director, trustee, or gen-
eral partner; or 
‘‘(v) an individual, business, or orga-
nization with whom the public official is 
negotiating for, or has any arrangement 
concerning, prospective employment or fi-
nancial compensation; and 
VerDate Mar 15 2010 
22:26 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6391.IH
H6391
jbell on DSKDVH8Z91PROD with BILLS
‘‘(B) the public official knowingly falsifies, 
conceals, covers up, or fails to disclose material 
information regarding that financial interest 
that is required to be disclosed by any Federal, 
State, or local statute, rule, regulation, or char-
ter applicable to the public official.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 63 of title 18, United States Code, is 
amended by inserting after the item relating to section 
1346 the following new item: 
‘‘1346A. Undisclosed self-dealing by public officials.’’. 
(c) APPLICABILITY.—The amendments made by this 
section apply to acts engaged in on or after the date of 
the enactment of this Act. 
Æ 
VerDate Mar 15 2010 
22:26 Oct 14, 2010
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H6391.IH
H6391
jbell on DSKDVH8Z91PROD with BILLS