[House Report 112-688]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-688

======================================================================



 
                    CLEAN UP GOVERNMENT ACT OF 2011

                                _______
                                

 September 21, 2012.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Smith of Texas, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2572]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2572) to amend title 18, United States Code, to 
deter public corruption, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page

The Amendment....................................................     1
Purpose and Summary..............................................     5
Background and Need for the Legislation..........................     6
Hearings.........................................................     7
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     8
Congressional Budget Office Cost Estimate........................     8
Performance Goals and Objectives.................................     9
Advisory on Earmarks.............................................     9
Section-by-Section Analysis......................................    10
Changes in Existing Law Made by the Bill, as Reported............    14

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting and insert the following:

SECTION 1. SHORT TITLE.

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

SEC. 2. 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. 3. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL 
                    FINANCIAL ASSISTANCE.

  Section 666(a) of title 18, United States Code, is amended--
          (1) by striking ``10 years'' and inserting ``20 years'';
          (2) by striking ``$5,000'' the second place and the third 
        place it appears and inserting ``$1,000'';
          (3) by striking ``anything of value'' each place it appears 
        and inserting ``any thing or things of value''; and
          (4) in paragraph (1)(B), by inserting after ``any thing'' the 
        following: ``or things''.

SEC. 4. PENALTY FOR SECTION 641 VIOLATIONS.

  Section 641 of title 18, United States Code, is amended by striking 
``ten years'' and inserting ``15 years''.

SEC. 5. 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 period at the 
                end; and
                  (C) by adding at the end the following:
          ``(4) the term `rule or regulation' means a Federal 
        regulation or a rule of the House of Representatives or the 
        Senate, including those rules and regulations governing the 
        acceptance of campaign contributions.'';
          (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 preceding 
                subparagraph (A), to read as follows: ``otherwise than 
                as provided by law for the proper discharge of official 
                duty, or by rule or regulation, knowingly--''; and
          (4) by striking ``anything of value'' each place it appears 
        and inserting ``any thing or things of value of not less than 
        $1,000''.

SEC. 6. 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. 7. 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. 8. 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) means 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; and
                  ``(B) may be a single act, more than one act, or a 
                course of conduct.''.

SEC. 9. 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, if appropriate, 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 meet the requirements in 
subsection (b) of this section.
  (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 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. 10. 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 6 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. 11. 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 ``5 years''.
  (b) Promise of Employment for Political Activity.--Section 600 of 
title 18, United States Code, is amended by striking ``one year'' and 
inserting ``3 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 ``3 years''.
  (d) Intimidation To Secure Political Contributions.--Section 606 of 
title 18, United States Code, is amended by striking ``three years'' 
and inserting ``5 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 ``5 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 ``5 years''.

SEC. 12. 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. 13. 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. 14. 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) means 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; and
                  ``(B) may be a single act, more than one act, or a 
                course of conduct.
          ``(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 material part, of 
                furthering or benefitting a financial interest, of 
                which the public official has knowledge, 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;
                          ``(v) an individual, business, or 
                        organization with whom the public official is 
                        negotiating for, or has any arrangement 
                        concerning, prospective employment or financial 
                        compensation; or
                          ``(vi) an individual, business, or 
                        organization from whom the public official has 
                        received any thing or things of value, 
                        otherwise than as provided by law for the 
                        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 charter applicable 
                to the public official, or the knowing failure of the 
                public official to disclose material 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 `material information' 
        means 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 individual, 
                business, or organization as described in clauses (iii) 
                through (vi) of paragraph 4.''.
  (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. 15. 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. 16. 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 ``The term `anything of value' that is 
        corruptly solicited, demanded, accepted or agreed to be 
        accepted in subsection (a)(1)(B) or corruptly given, offered, 
        or agreed to be given in subsection (a)(2) shall not include'', 
        before ``bona fide salary''.

SEC. 17. 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''.

                          Purpose and Summary

    H.R. 2572 restores prosecutorial tools that had been eroded 
by various court decisions including restoring ``undisclosed 
self dealing'' by a public official as a scheme or artifice to 
defraud, restoring a prohibition on the giving or receiving of 
gratuities because of ``official position,'' adds to the 
definition of ``official act,'' ``any act within the range of 
official duty,'' increases penalties for public corruption and 
related offenses, expands venue, increases the statute of 
limitations for serious public corruption offenses, and adds 
offenses as wiretap predicates.
    The bill also makes clarifications to aid the successful 
investigation and prosecution of public corruption offenses by 
creating a mechanism, outside of the current internal 
mechanism, for misconduct on the part of Federal judges (28 
U.S.C.360(a)); clarifies that the exemption for bona fide 
salaries paid in the normal course of business applies only to 
the statute's prohibition on giving or receiving ``anything of 
value'' as a bribe (18 U.S.C. 666(c)), and the bill expands the 
number of officials at the Department of Justice that can 
certify government interlocutory appeals from a district court 
suppressing or excluding evidence (18 U.S.C. 3731).

                Background and Need for the Legislation

    Prosecutors have long used honest services fraud to address 
two distinct kinds of honest services fraud. The first 
involving the taking of bribes and kickbacks and the second 
involving an undisclosed conflict of interest. The second 
variety involved situations where decisions were made by a 
public official that benefited that public official personally 
without any disclosure by the public official of their personal 
interest in the matter that was the subject of the decision. 
The decision in Skilling v. United States, 130 S. Ct. 2896 
(2010) eliminated this second category of honest services 
fraud, but still allows ``fraudulent schemes to deprive another 
of honest services through bribes or kickbacks supplied by a 
third party who has not been deceived.'' This bill will clarify 
that ``undisclosed self dealing'' is a scheme or artifice to 
deprive another of the intangible right of honest services. 
This returns to prosecutors, a viable criminal charge in public 
corruption matters.
    Another problem that has presented itself in the 
prosecution of public corruption matters is the definition of 
``official act.'' In a decision from the U.S. Court of Appeals 
for the District of Columbia Circuit, U.S. v. Valdes, 437 F.3d 
1276 (D.C. Cir. 2006), the court held that it was not official 
action when a local law enforcement officer searched a law 
enforcement database for information on particular individuals 
in exchange for money. The court held that the definition of 
official act required a showing by the government that Valdes' 
conduct involved ``a question, matter, cause, suit, proceeding 
or controversy'' and that searching a law enforcement database 
for profit did not constitute one of these actions.
    This holding, however, dismisses a 1914 Supreme Court 
decision, U.S. v. Birdsall, 233 U.S. 223 (1914), in which the 
Court states that ``[e]very action that is within the range of 
official duty comes within the purview of [the bribery 
statute].'' Id. at 230. The Court also noted that an official 
act need not be prescribed by statute or written rule or 
regulation. It is sufficient that the act is governed by a 
lawful requirement, established usage, or settled practice of 
the agency.
    Despite Congress' reference to the Birdsall decision in its 
1962 re-codification of the statute, the Valdes court found 
that Congress had not, in fact, adopted the Birdsall rule. This 
bill adopts the language from the Supreme Court's opinion and 
clarifies that an ``official act'' includes any act within the 
range of official duty.
    The bill also clarifies what is considered an illegal 
gratuity and reverses the holding of the Supreme Court in 
United States v. Sun Diamond Growers, 526 U.S. 398 (1999), 
which restricted the application of the illegal gratuities 
statute. The bills expands 18 U.S.C. Sec. 201 to include 
``official position'' which will ensure that gratuities given 
to a public official ``for or because of'' that official's 
position will embrace a broader range of corrupt conduct that 
is not otherwise permitted by law.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security, held 1 day of hearings on H.R. on July 26, 
2011. Testimony was received from Mary Pat Brown, Deputy 
Assistant Attorney General, Criminal Division, United States 
Department of Justice; Lisa Griffin, Esq., Professor of Law, 
Duke University; and Timothy O'Toole, Esq., Partner, Miller and 
Chevalier, with additional material submitted by the FBI Agents 
Association (FBIAA, Citizens for Responsibility and Ethics 
Washington (CREW), and by Families Against Mandatory Minimums 
(FAMM).

                        Committee Consideration

    On December 1, 2011, the Committee on met in open session 
and ordered the bill H.R. 2572 favorably reported, with an 
amendment, by a roll-call vote of 30 to 0, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 2572.
    1. Motion to report H.R. 2572 favorably, as amended. 
Approved 30 to 0.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chairman.............................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................
Mr. Lungren.....................................................              X
Mr. Chabot......................................................              X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................              X
Mr. Poe.........................................................              X
Mr. Chaffetz....................................................
Mr. Griffin.....................................................              X
Mr. Marino......................................................              X
Mr. Gowdy.......................................................              X
Mr. Ross........................................................              X
Ms. Adams.......................................................              X
Mr. Quayle......................................................              X
Mr. Amodei......................................................              X
Mr. Conyers, Jr., Ranking Member................................              X
Mr. Berman......................................................
Mr. Nadler......................................................              X
Mr. Scott.......................................................              X
Mr. Watt........................................................              X
Ms. Lofgren.....................................................
Ms. Jackson Lee.................................................              X
Ms. Waters......................................................              X
Mr. Cohen.......................................................              X
Mr. Johnson.....................................................
Mr. Pierluisi...................................................              X
Mr. Quigley.....................................................              X
Ms. Chu.........................................................              X
Mr. Deutch......................................................              X
Ms. Sanchez.....................................................              X
(Vacant)........................................................
                                                                 -----------------------------------------------
    Total.......................................................             30               0
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2572, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 17, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2572, the ``Clean 
Up Government Act of 2011.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member



              H.R. 2572--Clean Up Government Act of 2011.

      As ordered reported by the House Committee on the Judiciary 
                          on December 1, 2011.



    H.R. 2572 would broaden the coverage of current laws that 
address public corruption and would increase penalties for such 
offenses. The legislation would expand the number of offenses 
relative to fraud committed by public officials that could be 
federally prosecuted. CBO estimates that H.R. 2572 would have 
no significant impact on the Federal budget. Enacting H.R. 2572 
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any net 
effects would be insignificant for each year.
    Because those prosecuted and convicted under H.R. 2572 
could be subject to criminal fines, the Federal Government 
might collect additional fines if the legislation is enacted. 
Criminal fines are recorded as revenues, deposited in the Crime 
Victims Fund, and later spent. CBO expects that any additional 
revenues and direct spending would not be significant because 
of the small number of cases likely affected.
    H.R. 1572 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    On September 16, 2011, CBO transmitted a cost estimate for 
S. 401, the ``Public Corruption Prosecution Improvements Act,'' 
as ordered reported by the Senate Committee on the Judiciary on 
July 28, 2011. The two bills are similar, and the estimated 
costs are the same.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2572 deters public corruption by providing tools for the 
prosecution and investigation of public corruption crimes.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2572 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

Section 1. Short Title
    This section cites the short title of the bill as the 
``Clean Up Government Act of 2011.''
Section 2. Venue for Federal Offenses
    This section amends section 3237, which governs venue for 
offenses begun in one district and completed in another 
district, to clarify that venue exists in any district in which 
any portion of the offense is committed, any act in furtherance 
of the offense is committed, or in which the offense is 
completed. The intent of this provision is to expand venue to 
include districts where any part of the offense occurred.
Section 3. Theft or Bribery Concerning Programs Receiving Federal 
        Financial Assistance
    This section amends Section 666(a) of title 18, USC by 
increasing the maximum penalty for all offenses under this 
section from 10 years to 20 years; lowers the threshold for 
bribes from $5,000 to $1,000 (some small bribes with 
significant consequences in the prison and/or motor vehicle and 
other ID issuing agencies were being missed by the higher 
threshold); changes the words ``anything of value'' to 
``anything or things of value'' (clarifies that the bribery/
theft threshold may be reached by multiple items and not merely 
a single item).
Section 4. Penalty for Section 641 Violations
    This section increases the maximum term of imprisonment for 
theft and embezzlement from 10 years to 15 years.
Section 5. Bribery and Graft
    This section amends section 201 of title 18, the bribery 
and graft statute, to increase the maximum punishment for 
bribery from 15 years 20 years imprisonment, and the maximum 
punishment for illegal gratuities from 2 years to 5 years 
imprisonment. This section also amends 18 U.S.C. 201 by adding 
``or by rule or regulation'' to the already existing exemption 
``as provided by law for the proper discharge of official 
duty'' to exclude the offering or accepting of anything or 
things of value, when they are permitted for the proper 
discharge of official duty. This section also provides a 
definition of ``rule or regulation'' (a Federal regulation or a 
rule of the House of Representatives or the Senate, including 
those rules and regulations governing the acceptance of 
campaign contributions). This section replaces the words 
``anything of value'' with ``anything or things'' of value 
(clarifies that multiple items and not merely a single item can 
be involved). The section adds ``knowingly'' to the mens rea 
for gratuities received by or given to a public official 
because of their position/status. A $1000 threshold is added 
for things received by or given to public officials because of 
their position/status.
Section 6. Addition of District of Columbia to Theft of Public Money 
        Offense
    This section amends section 641 relating to theft from the 
government to include the District of Columbia government and 
agencies. The District of Columbia is already included in the 
general bribery statute (section 201) and the theft or bribery 
statute concerning programs receiving Federal financial 
assistance (section 666).
Section 7. Clarification of Crime of Illegal Gratuities
    This section amends section 201(c)(1)(A) & (B) of title 18, 
to reverse the holding of the Supreme Court in United States v. 
Sun Diamond Growers, 526 U.S. 398 (1999), which restricted the 
application of the illegal gratuities statute. The expansion of 
the statute to include ``official position'' (bill inserts 
``the official's or persons official position'' in front of 
``any official act'') will ensure that gratuities given to a 
public official ``for or because of'' that official's position 
will be included in a broader range of corrupt conduct that is 
not otherwise permitted by law.
Section 8. Clarification of Definition of ``Official Act''
    This section amends the definition of ``official act'' in 
section 201(a)(3) to include conduct that falls within the 
range of official duties of the public official. This amendment 
is in response to a decision from the U.S. Court of Appeals for 
the District of Columbia Circuit, U.S. v. Valdes, 437 F.3d 1276 
(D.C. Cir. 2006). In Valdes, the court held that it was not an 
official act when a local law enforcement officer searched a 
law enforcement database for information on particular 
individuals in exchange for money. The court held that the 
definition of official act required a showing by the government 
that Valdes' conduct involved ``a question, matter, cause, 
suit, proceeding or controversy'' and that searching a law 
enforcement database for profit did not constitute one of these 
actions.
    This holding, however, ignores a 1914 Supreme Court 
decision, U.S. v. Birdsall, 233 U.S. 223 (1914), in which the 
Court states that ``[e]very action that is within the range of 
official duty comes within the purview of [the bribery 
statute].'' Id. at 230. The Court also noted that an official 
act need not be prescribed by statute or written rule or 
regulation. It is sufficient that the act is governed by a 
lawful requirement, established usage, or settled practice of 
the agency.
    Despite Congress' reference to the Birdsall decision in its 
1962 re-codification of the statute, the Valdes court found 
that Congress had not, in fact, adopted the Birdsall rule. This 
section makes clear that an official act is any act within the 
range of official duty, and can be more than one act or a 
course of conduct. An official act also includes a decision or 
recommendation that a government should not take action.
Section 9. Amendment of the Sentencing Guidelines Relating to Certain 
        Crimes
    This section directs the United States Sentencing 
Commission to amend its guidelines and policy statements, if 
appropriate, to reflect the increased penalties for violations 
of sections 201, 641, and 666 of title 18.
Section 10. Extension of Statute of Limitations for Serious Public 
        Corruption Offenses
    This section extends by 1 year, to 6 years the Statute of 
Limitations for certain corruption offenses including sections 
201(bribery of public officials and witnesses); Theft or 
Bribery of Programs Receiving Federal Funds (section 666); 
Frauds and Swindles (section 1341) or section (1343) Fraud by 
Wire, 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); 
Interference with commerce by threats or violence (section 
1951), if the offense involves extortion under color of 
official right); Interstate and Foreign Travel or 
Transportation in Aid of Racketeering (section 1952) if the 
unlawful activity involves bribery; Prohibited Activities of 
Income derived from Unlawful Debt Collection (section 1962) to 
the extent that racketeering activity involves bribery 
chargeable under State law, involves a violation of section 201 
or 666, section 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 right.
Section 11. Increase of Maximum Penalties for Certain Public Corruption 
        Related Offenses
    This section increases the penalties of Solicitation of 
Political Contributions (section 602) from 3 years to 5 years; 
Promise of Employment for Political Activity (section 600) from 
1 year to 3 years; Deprivation of Employment for Political 
Contributions (section 601) from 1 year to 3 years; 
Intimidation To Secure Political Contributions (section 606) 
from 3 years to 5 years; Solicitation and Acceptance of 
Contributions in Federal Offices (section 607) from 3 years to 
5 years; and Coercion of Political Activity by Federal 
Employees from 3 years to 5 years (section 610).
Section 12. Additional Wiretap Predicates
    This section adds as wiretap predicates (section 
2516(1)(c), the following offenses: Embezzlement or Theft of 
Public Money, Property, or Records (section 641); Theft or 
Bribery Concerning Programs that Receive Public Funds (section 
666); Major Fraud against the United States (section 1031).
Section 13. Expanding Venue for Perjury and Obstruction of Justice 
        Proceedings
    This section adds certain obstruction offenses that can be 
charged 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, by amending section 1512 (i) of title 18 
(Tampering with a witness, victim, or informant) to add new 
offenses. The new offenses with expanded venue are in addition 
to section 1512 and Influencing or Injury Officer or Juror 
(section 1503). The newly added offenses include: Influencing a 
juror by writing (section 1504); Obstruction of proceedings 
before departments, agencies, and committees (section 1505); 
Recording, listening to, or observing proceedings of grand or 
petite juries while deliberating or voting.(section 1508); 
Obstruction of a court order (section 1509); and Obstruction of 
criminal investigations (section 1510).
    This section adds a new section to Chapter 79 of title 18 
(Perjury) expands the venue for the prosecution of certain 
perjury offenses (court (sections 1621(1)), subornation of 
perjury (1622), and false declarations before a grand jury or 
court (1623), to include both the district where the oath or 
declaration is taken and the district in which a proceeding 
takes place in connection with the oath or declaration.
Section 14. Prohibition on Undisclosed Self-Dealing by Public Officials
    This section adds a section 18 U.S.C.Sec. 1346A that 
addresses ``honest services fraud'' by clarifying that the term 
``scheme or artifice to defraud'' includes a scheme or artifice 
by a public official to engage in undisclosed self-dealing. 
Prosecutors had long used honest services fraud to address 
scenarios where bribes and kickbacks were taken and in 
situations where there were undisclosed conflicts of interest. 
The Skilling case removed the second category in which public 
officials engaged in undisclosed, biased decision making for 
their own personal gain, but left intact the prohibition of 
dishonest contact spurred by a third party who provides a bribe 
or kickback. This section defines ``official act,'' ``material 
information,'' ``undisclosed self-dealing.'' This section 
identifies certain relationships, for which an official act is 
performed that financially benefits that relationship, and 
where certain required disclosures are intentionally not made, 
as constituting undisclosed self-dealing.
Section 15. Disclosure of Information in Complaints Against Judges
    This section amends 18 U.S.C. Sec. 360 to permit certain 
disclosures of Federal judicial misconduct to appropriate law 
enforcement agencies. The section would expressly permit the 
disclosure of information regarding potential criminal activity 
to appropriate law enforcement authorities when that 
information is gathered or developed during the investigation 
into a complaint regarding alleged misconduct by a Federal 
judge. The plain language of Section 360(a) currently prohibits 
disclosure of materials gathered during a judicial disciplinary 
investigation ``by any person in any proceeding,'' with only 
three exceptions that do not provide for disclosure to law 
enforcement authorities.
Section 16. Clarification of Exemption in Certain Bribery Cases
    This section provides clarification to 18 U.S.C. 
Sec. 666(c), that exempts a ``bona fide'' salary received in 
the course of business etc., does not apply to the entirety of 
the statute. (The current section has been misapplied). This 
amendment will preserve section 666(c)'s intended function of 
exempting salary, bonuses and other routine compensation from 
the bribery provision, and eliminate unnecessary confusion 
concerning section 666(c)'s applicability to the remainder of 
the statute.
Section 17. Certifications Regarding Appeals by United States
    This section amends 18 U.S.C. Sec. 3731 to expressly permit 
the Attorney General, the Deputy Attorney General, and an 
Assistant Attorney General to provide the necessary 
certification for government interlocutory appeals from 
district court orders suppressing or excluding evidence. As it 
is currently written, section 3731 requires a certification by 
a United States Attorney. This creates confusion with cases 
that are handled by Department of Justice components other than 
a United States Attorney Office. The bill only changes the 
officials who are permitted to make the certification, and does 
not alter the substance of the certification or any other 
substantive element of section 3731.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--CRIMES

           *       *       *       *       *       *       *


CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

           *       *       *       *       *       *       *


Sec. 201. Bribery of public officials and witnesses

  (a) For the purpose of this section--
          (1) * * *
          (2) the term ``person who has been selected to be a 
        public official'' means any person who has been 
        nominated or appointed to be a public official, or has 
        been officially informed that such person will be so 
        nominated or appointed; [and]
          [(3) the term ``official act'' means any decision 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 official's official capacity, or in such 
        official's place of trust or profit.]
          (3) the term ``official act''--
                  (A) means 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; and
                  (B) may be a single act, more than one act, 
                or a course of conduct.
          (4) the term ``rule or regulation'' means a Federal 
        regulation or a rule of the House of Representatives or 
        the Senate, including those rules and regulations 
        governing the acceptance of campaign contributions.
  (b) Whoever--
          (1) directly or indirectly, corruptly gives, offers 
        or promises [anything of value] any thing or things of 
        value of not less than $1,000 to any public official or 
        person who has been selected to be a public official, 
        or offers or promises any public official or any person 
        who has been selected to be a public official to give 
        [anything of value] any thing or things of value of not 
        less than $1,000 to any other person or entity, with 
        intent--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) being a public official or person selected to be 
        a public official, directly or indirectly, corruptly 
        demands, seeks, receives, accepts, or agrees to receive 
        or accept [anything of value] any thing or things of 
        value of not less than $1,000 personally or for any 
        other person or entity, in return for:
                  (A) * * *

           *       *       *       *       *       *       *

          (3) directly or indirectly, corruptly gives, offers, 
        or promises [anything of value] any thing or things of 
        value of not less than $1,000 to any person, or offers 
        or promises such person to give [anything of value] any 
        thing or things of value of not less than $1,000 to any 
        other person or entity, with intent to influence the 
        testimony under oath or affirmation of such first-
        mentioned person as a witness upon a trial, hearing, or 
        other proceeding, before any court, any committee of 
        either House or both Houses of Congress, or any agency, 
        commission, or officer authorized by the laws of the 
        United States to hear evidence or take testimony, or 
        with intent to influence such person to absent himself 
        therefrom;
          (4) directly or indirectly, corruptly demands, seeks, 
        receives, accepts, or agrees to receive or accept 
        [anything of value] any thing or things of value of not 
        less than $1,000 personally or for any other person or 
        entity in return for being influenced in testimony 
        under oath or affirmation as a witness upon any such 
        trial, hearing, or other proceeding, or in return for 
        absenting himself therefrom;
shall be fined under this title or not more than three times 
the monetary equivalent of the thing of value, whichever is 
greater, or imprisoned for not more than [fifteen years] 20 
years, or both, and may be disqualified from holding any office 
of honor, trust, or profit under the United States.
  (c) Whoever--
          (1) [otherwise than as provided by law for the proper 
        discharge of official duty--] otherwise than as 
        provided by law for the proper discharge of official 
        duty, or by rule or regulation, knowingly--
                  (A) directly or indirectly gives, offers, or 
                promises [anything of value] any thing or 
                things of value of not less than $1,000 to any 
                public official, former public official, or 
                person selected to be a public official, for or 
                because of the official's or person's official 
                position or any official act performed or to be 
                performed by such public official, former 
                public official, or person selected to be a 
                public official; or
                  (B) being a public official, former public 
                official, or person selected to be a public 
                official, otherwise than as provided by law for 
                the proper discharge of official duty, directly 
                or indirectly demands, seeks, receives, 
                accepts, or agrees to receive or accept 
                [anything of value] any thing or things of 
                value of not less than $1,000 personally for or 
                because of the official's or person's official 
                position or any official act performed or to be 
                performed by such official or person;
          (2) directly or indirectly, gives, offers, or 
        promises [anything of value] any thing or things of 
        value of not less than $1,000 to any person, for or 
        because of the testimony under oath or affirmation 
        given or to be given by such person as a witness upon a 
        trial, hearing, or other proceeding, before any court, 
        any committee of either House or both Houses of 
        Congress, or any agency, commission, or officer 
        authorized by the laws of the United States to hear 
        evidence or take testimony, or for or because of such 
        person's absence therefrom;
          (3) directly or indirectly, demands, seeks, receives, 
        accepts, or agrees to receive or accept [anything of 
        value] any thing or things of value of not less than 
        $1,000 personally for or because of the testimony under 
        oath or affirmation given or to be given by such person 
        as a witness upon any such trial, hearing, or other 
        proceeding, or for or because of such person's absence 
        therefrom;
shall be fined under this title or imprisoned for not more than 
[two years] five years, or both.

           *       *       *       *       *       *       *


CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES

           *       *       *       *       *       *       *


Sec. 600. Promise of employment or other benefit for political activity

  Whoever, directly or indirectly, promises any employment, 
position, compensation, contract, appointment, or other 
benefit, provided for or made possible in whole or in part by 
any Act of Congress, or any special consideration in obtaining 
any such benefit, to any person as consideration, favor, or 
reward for any political activity or for the support of or 
opposition to any candidate or any political party in 
connection with any general or special election to any 
political office, or in connection with any primary election or 
political convention or caucus held to select candidates for 
any political office, shall be fined under this title or 
imprisoned not more than [one year] 3 years, or both.

Sec. 601. Deprivation of employment or other benefit for political 
                    contribution

  (a) Whoever, directly or indirectly, knowingly causes or 
attempts to cause any person to make a contribution of a thing 
of value (including services) for the benefit of any candidate 
or any political party, by means of the denial or deprivation, 
or the threat of the denial or deprivation, of--
          (1) * * *

           *       *       *       *       *       *       *

if such employment, position, work, compensation, payment, or 
benefit is provided for or made possible in whole or in part by 
an Act of Congress, shall be fined under this title, or 
imprisoned not more than [one year] 3 years, or both.

           *       *       *       *       *       *       *


Sec. 602. Solicitation of political contributions

  (a) It shall be unlawful for--
          (1) * * *

           *       *       *       *       *       *       *

          (4) a person receiving any salary or compensation for 
        services from money derived from the Treasury of the 
        United States; to knowingly solicit any contribution 
        within the meaning of section 301(8) of the Federal 
        Election Campaign Act of 1971 from any other such 
        officer, employee, or person. Any person who violates 
        this section shall be fined under this title or 
        imprisoned not more than [3 years] 5 years, or both.

           *       *       *       *       *       *       *


Sec. 606. Intimidation to secure political contributions

  Whoever, being one of the officers or employees of the United 
States mentioned in section 602 of this title, discharges, or 
promotes, or degrades, or in any manner changes the official 
rank or compensation of any other officer or employee, or 
promises or threatens so to do, for giving or withholding or 
neglecting to make any contribution of money or other valuable 
thing for any political purpose, shall be fined under this 
title or imprisoned not more than [three years] 5 years, or 
both.

Sec. 607. Place of solicitation

  (a) Prohibition.--
          (1) * * *
          (2) Penalty.--A person who violates this section 
        shall be fined not more than $5,000, imprisoned not 
        more than [3 years] 5 years, or both.

           *       *       *       *       *       *       *


Sec. 610. Coercion of political activity

  It shall be unlawful for any person to intimidate, threaten, 
command, or coerce, or attempt to intimidate, threaten, 
command, or coerce, any employee of the Federal Government as 
defined in section 7322(1) of title 5, United States Code, to 
engage in, or not to engage in, any political activity, 
including, but not limited to, voting or refusing to vote for 
any candidate or measure in any election, making or refusing to 
make any political contribution, or working or refusing to work 
on behalf of any candidate. Any person who violates this 
section shall be fined under this title or imprisoned not more 
than [three years] 5 years, or both.

           *       *       *       *       *       *       *


CHAPTER 31--EMBEZZLEMENT AND THEFT

           *       *       *       *       *       *       *


Sec. 641. Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to 
his use or the use of another, or without authority, sells, 
conveys or disposes of any record, voucher, money, or thing of 
value of the District of Columbia or the United States or of 
any department or agency thereof, or any property made or being 
made under contract for the District of Columbia or the United 
States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to 
convert it to his use or gain, knowing it to have been 
embezzled, stolen, purloined or converted--
Shall be fined under this title or imprisoned not more than 
[ten years] 15 years, or both; but if the value of such 
property in the aggregate, combining amounts from all the 
counts for which the defendant is convicted in a single case, 
does not exceed the sum of $1,000, he shall be fined under this 
title or imprisoned not more than one year, or both.
The word ``value'' means face, par, or market value, or cost 
price, either wholesale or retail, whichever is greater.

           *       *       *       *       *       *       *


Sec. 666. Theft or bribery concerning programs receiving Federal funds

  (a) Whoever, if the circumstance described in subsection (b) 
of this section exists--
          (1) being an agent of an organization, or of a State, 
        local, or Indian tribal government, or any agency 
        thereof--
                  (A) * * *
                  (B) corruptly solicits or demands for the 
                benefit of any person, or accepts or agrees to 
                accept, [anything of value] any thing or things 
                of value from any person, intending to be 
                influenced or rewarded in connection with any 
                business, transaction, or series of 
                transactions of such organization, government, 
                or agency involving any thing or things of 
                value of [$5,000] $1,000 or more; or
          (2) corruptly gives, offers, or agrees to give 
        [anything of value] any thing or things of value to any 
        person, with intent to influence or reward an agent of 
        an organization or of a State, local or Indian tribal 
        government, or any agency thereof, in connection with 
        any business, transaction, or series of transactions of 
        such organization, government, or agency involving 
        [anything of value] any thing or things of value of 
        [$5,000] $1,000 or more;
shall be fined under this title, imprisoned not more than [10 
years] 20 years, or both.

           *       *       *       *       *       *       *

  (c) [This section does not apply to] The term ``anything of 
value'' that is corruptly solicited, demanded, accepted or 
agreed to be accepted in subsection (a)(1)(B) or corruptly 
given, offered, or agreed to be given in subsection (a)(2) 
shall not include bona fide salary, wages, fees, or other 
compensation paid, or expenses paid or reimbursed, in the usual 
course of business.

           *       *       *       *       *       *       *


            CHAPTER 63--MAIL FRAUD AND OTHER FRAUD OFFENSES

Sec.
1341. Frauds and swindles.
     * * * * * * *
1346A. Undisclosed self-dealing by public officials.

           *       *       *       *       *       *       *


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) means 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; and
                  (B) may be a single act, more than one act, 
                or a course of conduct.
          (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 material 
                part, of furthering or benefitting a financial 
                interest, of which the public official has 
                knowledge, 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;
                          (v) an individual, business, or 
                        organization with whom the public 
                        official is negotiating for, or has any 
                        arrangement concerning, prospective 
                        employment or financial compensation; 
                        or
                          (vi) an individual, business, or 
                        organization from whom the public 
                        official has received any thing or 
                        things of value, otherwise than as 
                        provided by law for the 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 charter applicable to the public 
                official, or the knowing failure of the public 
                official to disclose material 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 ``material 
        information'' means 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 
                individual, business, or organization as 
                described in clauses (iii) through (vi) of 
                paragraph (4).

           *       *       *       *       *       *       *


CHAPTER 73--OBSTRUCTION OF JUSTICE

           *       *       *       *       *       *       *


Sec. 1512. Tampering with a witness, victim, or an informant

  (a) * * *

           *       *       *       *       *       *       *

  [(i) A prosecution under this section or section 1503 may be 
brought in the district in which the official proceeding 
(whether or not pending or about to be instituted) was intended 
to be affected or in the district in which the conduct 
constituting the alleged offense occurred.]
  (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.

           *       *       *       *       *       *       *


                          CHAPTER 79--PERJURY

Sec.
1621. Perjury generally.
     * * * * * * *
1624. Venue.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

           *       *       *       *       *       *       *


Sec. 2516. Authorization for interception of wire, oral, or electronic 
                    communications

  (1) The Attorney General, Deputy Attorney General, Associate 
Attorney General, or any Assistant Attorney General, any acting 
Assistant Attorney General, or any Deputy Assistant Attorney 
General or acting Deputy Assistant Attorney General in the 
Criminal Division or National Security Division specially 
designated by the Attorney General, may authorize an 
application to a Federal judge of competent jurisdiction for, 
and such judge may grant in conformity with section 2518 of 
this chapter an order authorizing or approving the interception 
of wire or oral communications by the Federal Bureau of 
Investigation, or a Federal agency having responsibility for 
the investigation of the offense as to which the application is 
made, when such interception may provide or has provided 
evidence of--
          (a) * * *

           *       *       *       *       *       *       *

          (c) any offense which is punishable under the 
        following sections of this title: section 37 (relating 
        to violence at international airports), section 43 
        (relating to animal enterprise terrorism), section 81 
        (arson within special maritime and territorial 
        jurisdiction), section 201 (bribery of public officials 
        and witnesses), section 215 (relating to bribery of 
        bank officials), section 224 (bribery in sporting 
        contests), 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), subsection (d), (e), (f), 
        (g), (h), or (i) of section 844 (unlawful use of 
        explosives), section 1032 (relating to concealment of 
        assets), section 1084 (transmission of wagering 
        information), section 751 (relating to escape), section 
        832 (relating to nuclear and weapons of mass 
        destruction threats), section 842 (relating to 
        explosive materials), section 930 (relating to 
        possession of weapons in Federal facilities), section 
        1014 (relating to loans and credit applications 
        generally; renewals and discounts), section 1031 
        (relating to major fraud against the United States), 
        section 1114 (relating to officers and employees of the 
        United States), section 1116 (relating to protection of 
        foreign officials), section 1014 (relating to loans and 
        credit applications generally; renewals and discounts), 
        sections 1503, 1512, and 1513 (influencing or injuring 
        an officer, juror, or witness generally), section 1510 
        (obstruction of criminal investigations), section 1511 
        (obstruction of State or local law enforcement), 
        section 1591 (sex trafficking of children by force, 
        fraud, or coercion), section 1751 (Presidential and 
        Presidential staff assassination, kidnapping, and 
        assault), section 1951 (interference with commerce by 
        threats or violence), section 1952 (interstate and 
        foreign travel or transportation in aid of racketeering 
        enterprises), section 1958 (relating to use of 
        interstate commerce facilities in the commission of 
        murder for hire), section 1959 (relating to violent 
        crimes in aid of racketeering activity), section 1954 
        (offer, acceptance, or solicitation to influence 
        operations of employee benefit plan), section 1955 
        (prohibition of business enterprises of gambling), 
        section 1956 (laundering of monetary instruments), 
        section 1957 (relating to engaging in monetary 
        transactions in property derived from specified 
        unlawful activity), section 659 (theft from interstate 
        shipment), section 664 (embezzlement from pension and 
        welfare funds), section 1343 (fraud by wire, radio, or 
        television), section 1344 (relating to bank fraud), 
        section 1992 (relating to terrorist attacks against 
        mass transportation), sections 2251 and 2252 (sexual 
        exploitation of children), section 2251A (selling or 
        buying of children), section 2252A (relating to 
        material constituting or containing child pornography), 
        section 1466A (relating to child obscenity), section 
        2260 (production of sexually explicit depictions of a 
        minor for importation into the United States), sections 
        2421, 2422, 2423, and 2425 (relating to transportation 
        for illegal sexual activity and related 
        crimes),sections 2312, 2313, 2314, and 2315 (interstate 
        transportation of stolen property), section 2321 
        (relating to trafficking in certain motor vehicles or 
        motor vehicle parts), section 2340A (relating to 
        torture), section 1203 (relating to hostage taking), 
        section 1029 (relating to fraud and related activity in 
        connection with access devices), section 3146 (relating 
        to penalty for failure to appear), section 3521(b)(3) 
        (relating to witness relocation and assistance), 
        section 32 (relating to destruction of aircraft or 
        aircraft facilities), section 38 (relating to aircraft 
        parts fraud), section 1963 (violations with respect to 
        racketeer influenced and corrupt organizations), 
        section 115 (relating to threatening or retaliating 
        against a Federal official), section 1341 (relating to 
        mail fraud), a felony violation of section 1030 
        (relating to computer fraud and abuse), section 351 
        (violations with respect to congressional, Cabinet, or 
        Supreme Court assassinations, kidnapping, and assault), 
        section 831 (relating to prohibited transactions 
        involving nuclear materials), section 33 (relating to 
        destruction of motor vehicles or motor vehicle 
        facilities), section 175 (relating to biological 
        weapons), section 175c (relating to variola virus) 
        section 956 (conspiracy to harm persons or property 
        overseas),, section a felony violation of section 1028 
        (relating to production of false identification 
        documentation), section 1425 (relating to the 
        procurement of citizenship or nationalization 
        unlawfully), section 1426 (relating to the reproduction 
        of naturalization or citizenship papers), section 1427 
        (relating to the sale of naturalization or citizenship 
        papers), section 1541 (relating to passport issuance 
        without authority), section 1542 (relating to false 
        statements in passport applications), section 1543 
        (relating to forgery or false use of passports), 
        section 1544 (relating to misuse of passports), or 
        section 1546 (relating to fraud and misuse of visas, 
        permits, and other documents);

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PART II--CRIMINAL PROCEDURE

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CHAPTER 211--JURISDICTION AND VENUE

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Sec. 3237. Offenses begun in one district and completed in another

  (a) Except as otherwise expressly provided by enactment of 
Congress, any offense against the United States begun in one 
district and completed in another, or committed in more than 
one district, may be inquired of and prosecuted in any district 
in which such offense was begun, continued, or completed or in 
any district in which an act in furtherance of an offense is 
committed.

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                        CHAPTER 213--LIMITATIONS

Sec.
3281. Capital offenses.
     * * * * * * *
3302. Corruption offenses.

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Sec. 3302. Corruption offenses

  Unless an indictment is returned or the information is filed 
against a person within 6 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.

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CHAPTER 235--APPEAL

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Sec. 3731. Appeal by United States

  In a criminal case an appeal by the United States shall lie 
to a court of appeals from a decision, judgment, or order of a 
district court dismissing an indictment or information or 
granting a new trial after verdict or judgment, as to any one 
or more counts, or any part thereof, except that no appeal 
shall lie where the double jeopardy clause of the United States 
Constitution prohibits further prosecution.
  An appeal by the United States shall lie to a court of 
appeals from a decision or order of a district court 
suppressing or excluding evidence or requiring the return of 
seized property in a criminal proceeding, not made after the 
defendant has been put in jeopardy and before the verdict or 
finding on an indictment or information, if the United States 
attorney, Deputy Attorney General, Assistant Attorney General, 
or the Attorney General certifies to the district court that 
the appeal is not taken for purpose of delay and that the 
evidence is a substantial proof of a fact material in the 
proceeding.

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              SECTION 360 OF TITLE 28, UNITED STATES CODE

Sec. 360. Disclosure of information

  (a) Confidentiality of information.--Except as provided in 
section 355, all papers, documents, and records of proceedings 
related to investigations conducted under this chapter shall be 
confidential and shall not be disclosed by any person in any 
proceeding except to the extent that--
          (1) * * *
          (2) the judicial council of the circuit, the Judicial 
        Conference of the United States, or the Senate or the 
        House of Representatives by resolution, releases any 
        such material which is believed necessary to an 
        impeachment investigation or trial of a judge under 
        article I of the Constitution; [or]
          (3) such disclosure is authorized in writing by the 
        judge who is the subject of the complaint and by the 
        chief judge of the circuit, the Chief Justice, or the 
        chairman of the standing committee established under 
        section 331[.]; or
          (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.

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