[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1793 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives 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'' and inserting ``money, 
property, or any other thing of value''.

SEC. 3. VENUE FOR FEDERAL OFFENSES.

    Section 3237(a) of title 18, United States Code, is amended by 
inserting after ``begun, continued, or completed'' the following: ``or 
in any district in which an act in furtherance of an offense is 
committed''.

SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL 
              FINANCIAL ASSISTANCE.

    Section 666(a) of title 18, United States Code, is amended by 
striking ``10 years'' and inserting ``20 years''.

SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS.

    Section 641 of title 18, United States Code, is amended by striking 
``ten years'' and inserting ``20 years''.

SEC. 6. BRIBERY AND GRAFT.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``fifteen years'' and 
        inserting ``20 years''; and
            (2) in subsection (c), by striking ``two years'' and 
        inserting ``five years''.

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 GRATUITIES.

    Subparagraphs (A) and (B) of section 201(c)(1) of title 18, United 
States Code, are each amended by inserting ``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 public 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 recommendation that a 
                government should not take action.''.

SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN 
              CRIMES.

    (a) Directive to Sentencing Commission.--Pursuant 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, 
666, 1951, 1952, or 1962 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 subsection, 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), the growing 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 financial benefit;
                    (D) whether the defendant acted with intent to 
                cause either physical or property harm in committing 
                the offense;
                    (E) the extent to which the offense represented 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;
            (3) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions 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 SERIOUS PUBLIC 
              CORRUPTION OFFENSES.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3302. Corruption offenses
    ``Unless an indictment is returned or the information is filed 
against a person within 10 years after the commission of the offense, a 
person may not be prosecuted, tried, or punished for a violation of, or 
a conspiracy or an attempt 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 involves a scheme or 
        artifice to deprive another of the intangible right of honest 
        services of a public official;
            ``(3) section 1951, if the offense involves extortion under 
        color of official right;
            ``(4) section 1952, to the extent that the unlawful 
        activity involves bribery; or
            ``(5) section 1962, to the extent that the racketeering 
        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 
        intangible 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 amendments made by this section 
shall not apply to any offense committed before the date of enactment 
of this Act.

SEC. 12. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION 
              RELATED OFFENSES.

    (a) Solicitation of Political Contributions.--Section 602(a)(4) of 
title 18, United States Code, is amended by striking ``3 years'' and 
inserting ``10 years''.
    (b) Promise of Employment for Political Activity.--Section 600 of 
title 18, United States Code, is amended by striking ``one year'' and 
inserting ``10 years''.
    (c) Deprivation of Employment for Political Activity.--Section 
601(a) of title 18, United States Code, is amended by striking ``one 
year'' and inserting ``10 years''.
    (d) Intimidation To Secure Political Contributions.--Section 606 of 
title 18, United States Code, is amended by striking ``three years'' 
and inserting ``10 years''.
    (e) Solicitation and Acceptance of Contributions in Federal 
Offices.--Section 607(a)(2) of title 18, United States Code, is amended 
by striking ``3 years'' and inserting ``10 years''.
    (f) Coercion of Political Activity by Federal Employees.--Section 
610 of title 18, United States Code, is amended by striking ``three 
years'' and inserting ``10 years''.

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 embezzlement 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 embezzlement from pension and 
        welfare funds),''; and
            (3) by inserting ``section 1031 (relating to major fraud 
        against the United States)'' after ``section 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 amended--
            (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--
            (1) by inserting ``section 641 (relating to embezzlement 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 ``section 1014 (relating to 
        loans and credit applications generally; renewals and 
        discounts),''.

SEC. 15. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION 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 offense 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:
``Sec. 1624. Venue
    ``A prosecution under section 1621(1), 1622 (in regard 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, 
certificate, verification, or statement.''.
            (2) Clerical amendment.--The table of sections 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:
``Sec. 1346A. Undisclosed self-dealing by public officials
    ``(a) Undisclosed Self-Dealing by Public Officials.--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 public 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 recommendation that a 
                government should not take action.
            ``(2) Public official.--The term `public official' means an 
        officer, employee, or elected or appointed representative, or 
        person acting for or on behalf 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.
            ``(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 benefitting 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 general partner; 
                        or
                            ``(v) an individual, business, or 
                        organization with whom the public official is 
                        negotiating for, or has any arrangement 
                        concerning, prospective employment or financial 
                        compensation; and
                    ``(B) the public official knowingly falsifies, 
                conceals, or covers up material information that is 
                required to be disclosed regarding that financial 
                interest by any Federal, State, or local statute, rule, 
                regulation, or charter applicable to the public 
                official, or knowingly fails to disclose material 
                information regarding that financial interest in a 
                manner that is required by any Federal, State, or local 
                statute, rule, regulation, or charter applicable to the 
                public official.''.
    (b) Conforming Amendment.--The table of sections 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.

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 following:
            ``(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 BRIBERY 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 ``This subsection shall apply to the 
        giving or receiving of `anything of value' that is corruptly 
        solicited, demanded, accepted or agreed to be accepted in 
        subsection (a)(1)(B) and corruptly given, offered, or agreed to 
        be given in subsection (a)(2) shall not include'', before the 
        words ``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''.
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