I 112th CONGRESS 1st Session H. R. 1793 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.

1.

Short title

This Act may be cited as the Clean Up Government Act of 2011.

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.

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.

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.

5.

Penalty for section 641 violations

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

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.

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.

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.

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. .

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.

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:

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.

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.

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),.

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),.

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:

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. .

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 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.

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. .

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.

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.