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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Up Government 
Act of 2011’’. 
SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES 
TO 
LICENCES 
AND 
OTHER 
INTANGIBLE 
RIGHTS. 
Sections 1341 and 1343 of title 18, United States 
Code, are each amended by striking ‘‘money or property’’ 
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SEC. 6. BRIBERY AND GRAFT. 
Section 201 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end; and 
(C) by adding at the end the following: 
‘‘(4) the term ‘rule or regulation’ means a Fed-
eral regulation or a rule of the House of Representa-
tives or the Senate, including those rules and regula-
tions governing the acceptance of campaign con-
tributions.’’; 
(2) in subsection (b), by striking ‘‘fifteen years’’ 
and inserting ‘‘20 years’’; 
(3) in subsection (c)— 
(A) by striking ‘‘two years’’ and inserting 
‘‘five years’’; and 
(B) in paragraph (1), in the matter pre-
ceding subparagraph (A), to read as follows: 
‘‘otherwise than as provided by law for the 
proper discharge of official duty, or by rule or 
regulation—’’; and 
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(4) by striking ‘‘anything of value’’ each place 
it appears and inserting ‘‘any thing or things of 
value’’. 
SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF 
PUBLIC MONEY OFFENSE. 
Section 641 of title 18, United States Code, is 
amended by inserting ‘‘the District of Columbia or’’ before 
‘‘the United States’’ each place such term appears. 
SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATU-
ITIES. 
Subparagraphs (A) and (B) of section 201(c)(1) of 
title 18, United States Code, are each amended by insert-
ing ‘‘the official’s or person’s official position or’’ before 
‘‘any official act’’. 
SEC. 9. CLARIFICATION OF DEFINITION OF ‘‘OFFICIAL ACT’’. 
Section 201(a)(3) of title 18, United States Code, is 
amended to read as follows: 
‘‘(3) 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-
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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 ac-
tion.’’. 
SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES 
RELATING TO CERTAIN CRIMES. 
(a) DIRECTIVE TO SENTENCING COMMISSION.—Pur-
suant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission forthwith shall 
review and amend its guidelines and its policy statements 
applicable to persons convicted of an offense under section 
201, 641, or 666 of title 18, United States Code in order 
to reflect the intent of Congress that such penalties be 
increased in comparison to those currently provided by 
guidelines and policy statements. 
(b) REQUIREMENTS.—In carrying out this sub-
section, the Commission shall— 
(1) ensure that the sentencing guidelines and 
policy statements reflect Congress’s intent that the 
guidelines and policy statements reflect the serious 
nature of the offenses described in paragraph (1), 
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the incidence of such offenses, and the need for an 
effective deterrent and appropriate punishment to 
prevent such offenses; 
(2) consider the extent to which the guidelines 
may or may not appropriately account for— 
(A) the potential and actual harm to the 
public and the amount of any loss resulting 
from the offense; 
(B) the level of sophistication and planning 
involved in the offense; 
(C) whether the offense was committed for 
purposes of commercial advantage or private fi-
nancial benefit; 
(D) whether the defendant acted with in-
tent to cause either physical or property harm 
in committing the offense; 
(E) the extent to which the offense rep-
resented an abuse of trust by the offender and 
was committed in a manner that undermined 
public confidence in the Federal, State or local 
government; and 
(F) whether the violation was intended to 
or had the effect of creating a threat to public 
health or safety, injury to any person or even 
death; 
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(3) assure reasonable consistency with other 
relevant directives and with other sentencing guide-
lines; 
(4) account for any additional aggravating or 
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges; 
(5) make any necessary conforming changes to 
the sentencing guidelines; and 
(6) assure that the guidelines adequately meet 
the purposes of sentencing as set forth in section 
3553(a)(2) of title 18, United States Code. 
SEC. 11. EXTENSION OF STATUTE OF LIMITATIONS FOR SE-
RIOUS PUBLIC CORRUPTION OFFENSES. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3302. Corruption offenses 
‘‘Unless an indictment is returned or the information 
is filed against a person within 6 years after the commis-
sion of the offense, a person may not be prosecuted, tried, 
or punished for a violation of, or a conspiracy or an at-
tempt to violate the offense in— 
‘‘(1) section 201 or 666; 
‘‘(2) section 1341 or 1343, when charged in 
conjunction with section 1346 and where the offense 
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involves a scheme or artifice to deprive another of 
the intangible right of honest services of a public of-
ficial; 
‘‘(3) section 1951, if the offense involves extor-
tion under color of official right; 
‘‘(4) section 1952, to the extent that the unlaw-
ful activity involves bribery; or 
‘‘(5) section 1962, to the extent that the racket-
eering activity involves bribery chargeable under 
State law, involves a violation of section 201 or 666, 
section 1341 or 1343, when charged in conjunction 
with section 1346 and where the offense involves a 
scheme or artifice to deprive another of the intan-
gible right of honest services of a public official, or 
section 1951, if the offense involves extortion under 
color of official right.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 213 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘3302. Corruption offenses.’’. 
(c) APPLICATION
OF AMENDMENT.—The amend-
ments made by this section shall not apply to any offense 
committed before the date of enactment of this Act. 
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SEC. 13. ADDITIONAL RICO PREDICATES. 
(a) IN GENERAL.—Section 1961(1) of title 18, 
United States Code, is amended— 
(1) by inserting ‘‘section 641 (relating to em-
bezzlement or theft of public money, property, or 
records),’’ after ‘‘473 (relating to counterfeiting),’’; 
(2) by inserting ‘‘section 666 (relating to theft 
or bribery concerning programs receiving Federal 
funds),’’ after ‘‘section 664 (relating to embezzle-
ment from pension and welfare funds),’’; and 
(3) by inserting ‘‘section 1031 (relating to 
major fraud against the United States)’’ after ‘‘sec-
tion 1029 (relating to fraud and related activity in 
connection with access devices),’’. 
(b) 
CONFORMING
AMENDMENTS.—Section 
1956(c)(7)(D) of title 18, United States Code, is amend-
ed— 
(1) by striking ‘‘section 641 (relating to public 
money, property, or records),’’; and 
(2) by striking ‘‘section 666 (relating to theft 
or bribery concerning programs receiving Federal 
funds),’’. 
SEC. 14. ADDITIONAL WIRETAP PREDICATES. 
Section 2516(1)(c) of title 18, United States Code, 
is amended— 
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(1) by inserting ‘‘section 641 (relating to em-
bezzlement or theft of public money, property, or 
records), section 666 (relating to theft or bribery 
concerning programs receiving Federal funds),’’ 
after ‘‘section 224 (bribery in sporting contests),’’; 
and 
(2) by inserting ‘‘section 1031 (relating to 
major fraud against the United States)’’ after ‘‘sec-
tion 1014 (relating to loans and credit applications 
generally; renewals and discounts),’’. 
SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUC-
TION OF JUSTICE PROCEEDINGS. 
(a) IN GENERAL.—Section 1512(i) of title 18, United 
States Code, is amended to read as follows: 
‘‘(i) A prosecution under section 1503, 1504, 1505, 
1508, 1509, 1510, or this section may be brought in the 
district in which the conduct constituting the alleged of-
fense occurred or in which the official proceeding (whether 
or not pending or about to be instituted) was intended 
to be affected.’’. 
(b) PERJURY.— 
(1) IN
GENERAL.—Chapter 79 of title 18, 
United States Code, is amended by adding at the 
end the following: 
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‘‘§ 1624. Venue 
‘‘A prosecution under section 1621(1), 1622 (in re-
gard to subornation of perjury under 1621(1)), or 1623 
of this title may be brought in the district in which the 
oath, declaration, certificate, verification, or statement 
under penalty of perjury is made or in which a proceeding 
takes place in connection with the oath, declaration, cer-
tificate, verification, or statement.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 79 of title 18, 
United States Code, is amended by adding at the 
end the following: 
‘‘1624. Venue.’’. 
SEC. 16. PROHIBITION ON UNDISCLOSED SELF-DEALING BY 
PUBLIC OFFICIALS. 
(a) IN GENERAL.—Chapter 63 of title 18, United 
States Code, is amended by inserting after section 1346 
the following new section: 
‘‘§ 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’— 
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‘‘(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 
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. 
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‘‘(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 material 
part, of furthering or benefitting a financial in-
terest 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; 
‘‘(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; or 
‘‘(vi) an individual, business, or orga-
nization from whom the public official has 
received any thing or things of value, oth-
erwise than as provided by law for the 
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proper discharge of official duty, or by rule 
or regulation; and 
‘‘(B) the public official knowingly falsifies, 
conceals, or covers up material information that 
is required to be disclosed by any Federal, 
State, or local statute, rule, regulation, or char-
ter applicable to the public official, or the know-
ing failure of the public official to disclose ma-
terial information in a manner that is required 
by any Federal, State, or local statute, rule, 
regulation, or charter applicable to the public 
official. 
‘‘(5) MATERIAL INFORMATION.—The term ‘ma-
terial information’ includes information— 
‘‘(A) regarding a financial interest of a 
person described in clauses (i) through (iv) 
paragraph (4)(A); and 
‘‘(B) regarding the association, connection, 
or dealings by a public official with an indi-
vidual, business, or organization as described in 
clauses (iii) through (vi) of paragraph 4.’’. 
(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.’’. 
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(c) APPLICABILITY.—The amendments made by this 
section apply to acts engaged in on or after the date of 
the enactment of this Act. 
SEC. 17. DISCLOSURE OF INFORMATION IN COMPLAINTS 
AGAINST JUDGES. 
Section 360(a) of title 28, United States Code, is 
amended— 
(1) in paragraph (2) by striking ‘‘or’’; 
(2) in paragraph (3), by striking the period at 
the end, and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) such disclosure of information regarding a 
potential criminal offense is made to the Attorney 
General, a Federal, State, or local grand jury, or a 
Federal, State, or local law enforcement agency.’’. 
SEC. 18. CLARIFICATION OF EXEMPTION IN CERTAIN BRIB-
ERY OFFENSES. 
Section 666(c) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘This section does not apply 
to’’; and 
(2) by inserting ‘‘The term ‘anything of value’ 
that is corruptly solicited, demanded, accepted or 
agreed to be accepted in subsection (a)(1)(B) or cor-
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ruptly given, offered, or agreed to be given in sub-
section (a)(2) shall not include’’, before ‘‘bona fide 
salary’’. 
SEC. 
19. 
CERTIFICATIONS 
REGARDING 
APPEALS 
BY 
UNITED STATES. 
Section 3731 of title 18, United States Code, is 
amended by inserting after ‘‘United States attorney’’ the 
following: ‘‘, Deputy Attorney General, Assistant Attorney 
General, or the Attorney General’’. 
Æ 
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